California, United States of America
The following excerpt is from People v. Washington, B240012 (Cal. App. 2014):
evidence the opponent finds inconvenient. Evidence is not prejudicial under section 352 merely because it undermines the opponent's position or shores up that of the proponent. (People v. Branch (2001) 91 Cal.App.4th 274, 286.)
Furthermore, the trial court gave CALCRIM No. 1403. That instruction effectively told the jury that they were to consider the gang evidence only in connection with the gang allegation or that appellants had a motive to commit the robbery, and the jury was not to consider the gang evidence as propensity evidence. We see nothing in the record to suggest that the jury considered the gang evidence for an improper purpose, and we presumed the jury followed the limiting instruction. (See People v. Waidla (2000) 22 Cal.4th 690, 725.)
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