California, United States of America
The following excerpt is from The People v. Canul, B215138, Super. Ct. No. BA312167 (Cal. App. 2010):
witness when you consider the facts and information relied upon by an expert witness in reaching his opinion. You may not consider this evidence for any other purpose. You may not conclude from this evidence that the defendant is a person of bad character or has a disposition to commit a crime." (Italics added.) The jury is presumed to have followed this instruction. (People v. Adcox (1988) 47 Cal.3d 207, 253.) Furthermore, at the end of trial, the court submitted CALCRIM No. 1403, the pattern instruction about the limited purpose of gang evidence.9 This instruction, which the jury presumptively followed, nullified any potential for prejudice. (People v. Delgado (1993) 5 Cal.4th 312, 331.)
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The judgment is affirmed.
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