California, United States of America
The following excerpt is from People v. Morris, D064450 (Cal. App. 2015):
On this record, there is no reasonable possibility the jury construed the expert's single statement referring to defendant as one of the perpetrators as the equivalent of a statement telling them how to decide the pivotal issue of identity. We assume jurors are reasonably intelligent (People v. Butler, supra, 187 Cal.App.4th at p. 1013), and reasonably intelligent jurors would have understood the expert was saying that if they found defendant and other Lincoln Park gang members were the perpetrators, in the expert's view this was a factor supporting the association component of the alleged gang enhancement.
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