Outweighs Its Prejudicial Effect On People V. Albarran Essay

outweighs its prejudicial effect. People v. Albarran (2007) 149 Cal.App.4th 214, 223. We will not disturb a trial court’s exercise of discretion under Section 352 unless it exceeds the bounds of reason. People v. Funes (1994) 23 Cal.App.4th 1506, 1519. Rodriguez contends that court abused its discretion under Evidence Code 352 and violated his right to due process and fair trial when it admitted of evidence showing his previous gang membership with the Mongol Motorcycle Club. ~(AB 14)~ He claims that evidence of gang membership unduly prejudiced the jury against him, remarking that identification of the Mongols was completely unnecessary and did not strengthen the inference that Rodriguez had a motive for the shooting ~(AB 14, ARB 5)~ We therefore review the record in the light most favorable to the judgment to determine whether the evidence of gang membership was more probative than prejudicial with respect to the charges against Mr. Rodriguez. 1.2 The Relevant Gang Evidence was More Probative than Prejudicial Rodriguez cites Albarran to support his appeal. In that case, the defendant gang member was charged with attempted murder, shooting at an inhabited dwelling, and attempted kidnapping for attempting to steal a car after he fired numerous gunshots during a birthday party. People v. Albarran 149 Cal.App.4th 214, 217-18. During the trial, the prosecutor made a number of references to Albarran being a member of the â€Å"dangerous† 13 Kings street gang,