Does the jury have been instructed to consider the evidence of a convicted criminal gang in the context of the facts and information relied on by an expert witness?

California, United States of America


The following excerpt is from People v. Valle, F069356 (Cal. App. 2017):

Furthermore, the jury was instructed with CALCRIM No. 1403, a limiting instruction advising the jury only to consider the gang evidence for the limited purpose of considering intent or motive to commit the crimes charged, and to consider the facts and information relied on by the expert witness in reaching his opinion. It further instructed the jury it could consider gang evidence to evaluate whether defendant acted in the heat of passion or needed to defend himself. The instruction expressly advised the jury not to consider gang evidence for any other purpose, including that defendant has a bad character or disposition to commit crime. This instruction is a proper instruction and mitigated any prejudicial aspects to the gang testimony. (See People v. Samaniego, supra, 172 Cal.App.4th at pp. 1169-1168.) We presume the jury understood and followed the trial court's instructions. (People v. Hovarter (2008) 44 Cal.4th 983, 1005.)

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