What is the test for admitting evidence of gang affiliation and activity to prove intent and motive in a murder case?
California, United States of America
The following excerpt is from State v. Lee, 102 Cal.Rptr.2d 403, 85 Cal.App.4th 706 (Cal. App. 2000):
"In sum, the trial court properly admitted evidence of gang affiliation and activity to prove intent and motive with respect to the murder. Once the trial court made this decision, it did not abuse its discretion under Evidence Code section 352 when it permitted the prosecution to present the entire picture of the rivalry between Trece and 18th Street." (People v. Funes, supra, 23 Cal.App.4th at p. 1519.)
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