Is there any evidence that a defendant was a member of a gang at the time of the shooting?

California, United States of America

The following excerpt is from People v. Martinez, 158 Cal.App.4th 1324, 70 Cal.Rptr.3d 680 (Cal. App. 2008):

Thus, this is different from People v. Albarran (2007) 149 Cal.App.4th 214, 57 Cal.Rptr.3d 92, which discredited the expert's opinion in overturning the gang enhancement. The court noted that during the shooting for which the defendant was convicted, there was no evidence the defendant attempted to gain respect or status: the shooters did not "announce[ ] their presence or purposebefore, during or after the shooting. There was no evidence ... that any gang members had 'bragged' about their involvement or created graffiti and took credit for it." (Id, at p. 227, 57 Cal.Rptr.3d 92.) But contrary to our case, the expert there testified he did not know why the shooting occurred. And there was enough other evidence here supporting the enhancement even if there was no bragging or graffiti.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)

Is there any case law in which a defendant is successful in his claim that the Defendant failed to properly evaluate the Defendant's evidence? (California, United States of America)

Is evidence of domestic violence committed by the Defendant against the Defendant not inadmissible under section 1101 of the California Evidence Code? (California, United States of America)

What is the test for admitting evidence that a defendant was a past or current member of a street gang? (California, United States of America)

Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)

What is sufficient evidence to have been sufficient evidence for a jury to find that defendant intentionally poisoned a patient? (California, United States of America)

Does admitting evidence pursuant to California Evidence Code section 1237 impermissibly deny defendants their constitutional rights to confrontation and cross-examination? (California, United States of America)

Can a defendant exclude evidence that is prejudicial to the codefendant under section 352 of the Evidence Code? (California, United States of America)

Does the fact that evidence of a defendant's previous violent crimes is not indicative of his character or mental condition render the evidence inadmissible? (California, United States of America)

In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)

Is there any evidence that a defendant was a member of a gang at the time of the shooting?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources