California, United States of America
The following excerpt is from People v. Segovia, B246629 (Cal. App. 2014):
Thus, the gang evidence was clearly admissible and necessary to prove the gang allegation. (See People v. Romero (2008) 44 Cal.4th 386, 412, fn. 2.) Significantly, the jury was instructed that it must first decide whether defendant committed the crimes charged in counts 1 and 2 before deciding whether the prosecution had proved the gang allegation. (CALCRIM No. 1401.) The trial court instructed the jury that it could consider evidence of gang activity only for the limited purpose of deciding if the defendants acted with the intent, purpose, and knowledge required to prove the gang-related enhancements charged and not for any other purpose. (CALCRIM No. 1403.) We presume, having no indication to the contrary, that the jury followed the proper written instructions it received in the instant case. (People v. Callahan (1999) 74 Cal.App.4th 356, 372.)
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