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eBook details

• Title: People V. Hernandez
• Author : In the Supreme Court of California
• Release Date : January 09, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

The punishment for certain crimes can be enhanced if the crime involves a criminal street gang. (Pen. Code, § 186.22, subd. (b)(1); see generally People v. Gardeley (1996) 14 Cal.4th 605.)*fn2 To establish this criminal street gang enhancement, the prosecution must prove some facts in addition to the elements of the underlying crime, for example, that the criminal street gang has engaged in a "pattern of criminal gang activity." (§ 186.22, subds. (e) and (f).) Accordingly, when the prosecution charges the criminal street gang enhancement, it will often present evidence that would be inadmissible in a trial limited to the charged offense. We have held that a trial court may bifurcate trial of a prior conviction from trial of the charged offense. (People v. Calderon (1994) 9 Cal.4th 69 (Calderon).) Defendants contend the court here should similarly have bifurcated trial of the gang enhancement from trial of the charged offense. They also contend the court should at least have given a limiting instruction regarding the permissible uses the jury may make of evidence admitted solely to support the criminal street gang enhancement.

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