What is the test for bifurcation in a criminal case where a defendant is charged with a gang enhancement?
California, United States of America
The following excerpt is from People v. Martin, B239366 (Cal. App. 2014):
To the extent the evidence supporting the gang enhancement would be admissible in the trial of the underlying offenses, bifurcation would be unnecessary, and no prejudice could result from its denial. (People v. Hernandez, supra, 33 Cal.4th at pp. 1049-1050.) Bifurcation is required only when the defendant can "'clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried.'" (Id. at p. 1050.)
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