If defense counsel objected to evidence regarding the hierarchy of a criminal gang in the context of the kanpol tattoo, would he have forfeited his contention that such evidence would be inadmissible?
California, United States of America
The following excerpt is from People v. Beltran, E070728 (Cal. App. 2020):
When he did object, the trial court indicated that evidence regarding the gang hierarchy and defendant's place in it, as well as regarding defendant's kanpol tattoo, was admissible. This shows that if defense counsel had objected to such evidence earlier, the objection would have been futile. It follows that he did not forfeit defendant's contention that such evidence was inadmissible. (See People v. Brooks (2017) 3 Cal.5th 1, 92.)
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