California, United States of America
The following excerpt is from People v. Ewing, 197 Cal.Rptr.3d 813, 244 Cal.App.4th 359 (Cal. App. 2016):
Defendant's claim is, substantively, one of erroneous admission of evidence, subject to the standard of review for claims of state law error. (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 76, 17 Cal.Rptr.3d 710, 96 P.3d 30 (Coffman ) [claim that witness "gave inadmissible opinion testimony on the central question of [a defendant's] guilt" "is, in substance, one of erroneous admission of evidence, subject to the standard of review for claims of state law error"].) On this record we cannot say that it is reasonably probable the jury would have found the gang enhancement not true had the error not occurred. We would reach the same conclusion even if we applied the heightened harmless beyond a reasonable doubt standard that defendant argues governs our review.
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