California, United States of America
The following excerpt is from People v. Renteria, 2d Crim. No. B262367 (Cal. App. 2016):
"We review claims regarding a trial court's ruling on the admissibility of evidence for abuse of discretion. [Citations.] Specifically, we will not disturb the trial court's ruling 'except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice.' [Citation.]" (People v. Goldsmith (2014) 59 Cal.4th 258, 266.)
The rap evidence was properly admitted. The gang expert explained its relevance to the jury: "The Hispanic gang rap scene is pretty huge now in Southern California. What they do is they rap, meaning write music, regarding . . . their criminal activity, where they're from and what they'll do if you cross them." The rap lyrics "demonstrated his membership in [the Crimies], his loyalty to it, his familiarity with gang culture, and, inferentially, his motive and intent on the day of the [assault]." (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.)
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