California, United States of America
The following excerpt is from People v. Hardy, 233 Cal.Rptr.3d 378, 418 P.3d 309, 5 Cal.5th 56 (Cal. 2018):
Defendant contends that this evidence was improper rebuttal evidence. It appears to have been proper rebuttal. (See People v. Loker (2008) 44 Cal.4th 691, 709, 80 Cal.Rptr.3d 630, 188 P.3d 580.) The defense presented evidence suggesting that the charged crimes were out of character and that defendant was a follower, not a leader. The rebuttal evidence tended to show otherwise. But in any event, admitting the evidence was harmless. The defense itself introduced evidence of defendants gang membership. Four defense witnesses, including defendants mother and the mother of his children, testified that defendant was a gang member and was involved in gang activity. The rebuttal evidence did not relate any particularly violent, shocking, or inflammatory incidents. It told the jurors little beyond what defense evidence had already told them. There is no reasonable possibility admitting the evidence affected the verdict. ( People v. Gonzalez (2006) 38 Cal.4th 932, 960-961, 44 Cal.Rptr.3d 237, 135 P.3d 649.)
[5 Cal.5th 106]
C. Prosecutors Alleged Use of a Different Theory at the Codefendants Trial
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