California, United States of America
The following excerpt is from People v. Byrd, A144835 (Cal. App. 2018):
As explained above, a "trial court is vested with wide discretion in determining the admissibility of evidence. Its exercise of discretion under Evidence Code section 352 will not be disturbed on appeal absent a clear abuse, i.e., unless the prejudicial effect of the evidence clearly outweighs its probative value. [Citation.] Moreover, the record must affirmatively show that the trial court did in fact weigh the prejudicial effect of the evidence against its probative value." (People v. Karis (1988) 46 Cal.3d 612, 637.) Here, the record confirms the trial court properly weighed the probative value of the photographs against their prejudicial impact before admitting them into evidence. In doing so, the trial court noted that it was far from clear in the photographs that defendants were making hand signs, much less gang-related hand signs. On the other hand, the trial court found the photographs of defendants standing together with the murder weapon hours before the homicide "quite probative, and the hand sign, if it is a hand sign, I don't know what its conveying, the probative value outweighs any prejudice by that particular sign, especially since we're not having any gang testimony." Consistent with the trial court's reasoning, there is no evidence of, or even reference to defendants' involvement or association with gangs in these proceedings.
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