What is the standard of review for admitting evidence of a "gang banger" in a criminal case?

California, United States of America


The following excerpt is from People v. Harris, A136727 (Cal. App. 2014):

picture of [appellant] as an unapologetic 'gang banger,' readily disposed to committing violent crimes." As appellant acknowledges, our standard of review on this question is abuse of discretion, the same standard that applies on review of Evidence Code section 352 issues generally. (Olguin, supra, 31 Cal.App.4th at p. 1369 ["The admission of gang evidence over an Evidence Code section 352 objection will not be disturbed on appeal unless the trial court's decision exceeds the bounds of reason."]; see generally People v. Thomas (2012) 53 Cal.4th 771, 806 ["Evidence Code section 352 gives the trial court discretion to 'exclude evidence if its probative value is substantially outweighed by the probability that its admission will . . . create substantial danger of undue prejudice . . . .' A trial court's exercise of discretion under section 352 will be upheld on appeal unless the court abused its discretion, that is, unless it exercised its discretion in an arbitrary, capricious, or patently absurd manner. [Citations.]"].)

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