Is gang evidence admissible in a murder case?

California, United States of America


The following excerpt is from People v. Ayala, G048892 (Cal. App. 2014):

Defendant argues gang evidence is only admissible where the case includes a gang charge or enhancement, or if fear is an element of one of the charged offenses. He cites no authority for this proposition and it is contrary to the previously cited authorities. In People v. Sanchez (1997) 58 Cal.App.4th 1435, the court rejected a claim the defendant had failed to receive the effective assistance of counsel because his trial attorney failed to object to the admission of gang evidence. The Sanchez court acknowledged "there was no evidence that the motive for the murder was in any way

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