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Hearsay/Confrontation Clause and Gang Expert Testimony Regarding Uncharged Predicate Offenses to Establish a "Pattern of Criminal Gang Activity"

On 7/8/2020, the court consolidated People v. Garcia (July 10, 2018, F073515) [nonpub. opn.], review granted 10/17/2018 (S250670) and People v. Valencia (July 10, 2018, F072943) [nonpub. opn.], review granted 10/17/2018 (S250218), which had been granted and held for People v. Perez (2020) 9 Cal.5th 1, and ordered briefing on the following issues: (1) Does gang expert testimony regarding uncharged predicate offenses to establish a "pattern of criminal gang activity" under Penal Code section 186.22, subdivision (e) constitute background information or case-specific evidence within the meaning of People v. Sanchez (2016) 63 Cal.4th 665? (2) Was any error prejudicial?

Review on this issue has also been granted with briefing deferred in:

  • People v. Blessett (2018) 22 Cal.App.5th 903, review granted 8/8/2018 (S249250/C074267)
  • People v. Runderson (April 9, 2020, F074056) [nonpub. opn.], review granted 8/12/2020 (S263068)
  • People v. Flores (June 26, 2020, C080799) [nonpub. opn.], review granted 9/23/2020 (S263654)
  • People v. Rivera (Aug. 4, 2020, F076612) [nonpub. opn.], review granted 10/28/2020 (S264378)
  • People v. Polk (Aug. 31, 2020, C080915) [nonpub. opn.], review granted 12/9/2020 (S264907)
  • People v. Lopez (Oct. 13, 2020, C087357) [nonpub. opn.], review granted 1/13/2021 (S265730)
  • People v. Hernandez (Dec. 18, 2020, F077379) [nonpub. opn.], review granted 3/24/2021 (S266862)

Updated: 3/24/2021

Return to: California Supreme Court Pending Issues.

 

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