What is the test for a motion to bifurcate gang enhancements for abuse of of power?
California, United States of America
The following excerpt is from People v. Harper, A153332 (Cal. App. 2021):
We review the denial of a motion to bifurcate gang enhancements for abuse of discretion, looking to the record at the time the trial court made its ruling. (People v. Franklin (2016) 248 Cal.App.4th 938, 953.) It is the defendant's burden to clearly establish a substantial danger of undue prejudice to him in conducting a unitary trial. (Ibid.)
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