What is the test for admitting evidence of gang membership in a criminal case?

Defendant's argument presupposes that even if the trial court had bifurcated the trial, gang evidence would not have been admitted on the underlying charge. Defendant is incorrect both on the law and on the facts. Evidence of gang membership may be relevant to and admissible in the trial of the substantive offense even without a gang enhancement. (People v. Hernandez (2004) 33 Cal.4th 1040, 1049.) "Evidence of the defendant's gang affiliationincluding evidence of the gang's territory,

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