People v. Ochoa
Annotate this CaseDefendant, approached by police after he was identified as the perpetrator of a robbery, threatened and resisted officers, making reference to his gang affiliation. At trial, the prosecution‘s gang expert testified regarding the history and activities of affiliated gangs and their territories. The expert testified that defendant has numerous tattoos that demonstrate his affiliation with area gangs. The expert identified specific members of the gangs and, presented with hypotheticals that mirrored the circumstances of the incident shown at trial, explained how the hypothesized conduct would benefit a gang. Defendant’s conviction of various offenses, including threatening public officers, was affirmed in 2015. After the California Supreme Court granted review and decided People v. Sanchez (2016), it remanded for reconsideration in light of the Sanchez decision. The court of appeal again affirmed, after analyzing the testimony of the gang expert introduced by the prosecution under both the confrontation clause of the United States Constitution and California‘s hearsay rule.
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