California, United States of America
The following excerpt is from People v. Gonzales, D070533 (Cal. App. 2017):
Before trial, the defense moved in limine to exclude the introduction of evidence that defendant was a current or past gang member.2 Specifically, the defense argued such evidence was not relevant under Evidence Code section 350 because defendant was "not charged with being a member of a criminal street gang, nor [did] the People allege the charged offense was committed for the benefit of such." In addition, the defense argued such evidence, even if minimally relevant, was not admissible under Evidence Code section 352, citing People v. Hernandez (2004) 33 Cal.4th 1040, 1049 for the proposition that " 'evidence of gang membership is potentially prejudicial and should not be admitted if its probative value is minimal.' "
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