California, United States of America
The following excerpt is from People v. Segovia, B246629 (Cal. App. 2014):
discretion to admit." (People v. Gonzalez, supra, 38 Cal.4th at p. 945.) Detective Delia did not testify that Segovia possessed a specific intent, even when he answered a hypothetical question based on the facts of this case. The detective gave his opinion only as to whether such crimes would benefit the gang and whether they were gang-related crimes at all. The answer reflected his experience as an expert with respect to the gang activity in the area in question. He therefore did not invade the province of the jury. As we have discussed, this opinion was not without evidentiary support, as Segovia alleges.
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