California, United States of America
The following excerpt is from People v. Toledo, B220510 (Cal. App. 2012):
Evidence is relevant if it has "any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of an action." (Evid. Code, 210.) Nevertheless, relevant evidence should be excluded if the trial court, in its discretion, determines that "its probative value is substantially outweighed by the probability that its admission will create a substantial danger of undue prejudice." (Evid. Code, 352.) In this context, unduly prejudicial evidence is evidence that would cause the jury to "prejudge" a person on the basis of extraneous factors. (People v. Zapien (1993) 4 Cal.4th 929, 958.)
In a gang-related case, gang evidence is admissible to prove enhancement allegations and to establish the motive for charged crimes. (People v. Williams (1997) 16
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