Is evidence of loyalty to a criminal gang relevant in the context of section 1101 of the Criminal Code?

California, United States of America

The following excerpt is from People v. Andrews, B254677 (Cal. App. 2015):

As we discuss in section 1, evidence of appellant's loyalty to the gang was relevant, both to show continuing gang membership and to show that if he committed the charged crimes, he did so for the benefit of BSV. These uses are not barred by section 1101. The prosecutor stated his intent not to use the evidence for section 1101 purposes such as plan or identity. Appellant's counsel had no duty to make a meritless objection. (See People v. McPeters (1992) 2 Cal.4th 1148, 1173.)

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