Is there any case law where the Attorney General's argument that a defendant is a member of a criminal gang was never considered to be a bad person?

California, United States of America


The following excerpt is from People v. Johnson, B243937 (Cal. App. 2014):

The Attorney General argues that "it was never suggested that [defendants] could be found guilty because they were gang members or bad people" and notes that the prosecutor argued "it's not just that these men are gang-related that makes them guilty." (Italics added.) But propensity inferences arise without suggestion or encouragement; they are a "natural and inevitable" human tendency. (See People v. Guerrero (1976) 16 Cal.3d 719, 724 [propensity inference from admission of other crimes evidence].) In any

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