Is there any case law where a jury found an allegation of gang membership not true?

Although the jury found the gang allegation not true, that finding does not mean the trial court abused its discretion by denying the defense motion and allowing introduction of the gang evidence. The People proceeded on the theory one gang member was calling in a favor from another gang member to assist in robbing a drug dealer, a plot uncovered in a wiretap of telephones associated with members of the Carver Park Crips gang. The evidence was susceptible to an inference of gang motivation and alliance and was certainly admissible. (See People v. Samaniego (2009) 172 Cal.App.4th 1148, 1167 ["evidence related to gang membership is not insulated from the general rule that all relevant evidence is admissible if it is relevant to a material issue in the case other than character, is not more prejudicial than probative, and is not cumulative"].) The court's ruling did not fall outside the bounds of reason (People v. Franklin, supra, 248 Cal.4th at p. 952) and did not "actually result[ ] in gross unfairness amounting to a denial of due process" (id. at p. 953, internal quotation marks omitted).

The judgments are affirmed.

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