What is the test for a defendant's claim that he was deprived of due process at trial of gang membership?

California, United States of America


The following excerpt is from People v. Mendoza, 24 Cal.4th 130, 6 P.3d 150, 99 Cal.Rptr.2d 485 (Cal. 2000):

3. Defendant argues that the evidence at trial of gang membership supports his assertion that the trial court abused its discretion in consolidating the charges at the time of its ruling. We review the trial court's decision "`in light of the showings then made and the facts then known.'" (People v. Marshall, supra, 15 Cal.4th at p. 27, 61 Cal.Rptr.2d 84, 931 P.2d 262.) The evidence of gang membership was introduced at trial, after the trial court's consolidation ruling. Accordingly, we consider defendant's gang membership argument in connection with his contention that he was deprived of due process at trial.

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