California, United States of America
The following excerpt is from People v. Ventura, B270540 (Cal. App. 2017):
Assuming arguendo that the court's denial of Ventura's bifurcation request was error, it was harmless. Ventura argues that even if the jury had a reasonable doubt as to the substantive charges, it "would still be inclined to convict appellant based on the prejudicial evidence of gang association." However, the court gave CALCRIM 303 and a version of CALCRIM 1403, instructing the jury that the gang evidence was admitted only for the limited purpose of considering the gang enhancement, and it could not be used as evidence of bad character or a propensity to commit crime. Absent a showing to the contrary, we presume the jury followed these instructions and considered the evidence only for a limited purpose. (People v. Simon (2016) 1 Cal.5th 98, 130.) Ventura has not pointed to anything in the record suggesting that the jury failed to follow these instructions.
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