The People v. TranAnnotate this Case
Defendant was convicted, among other things, of murder and attempted murder in association with a criminal street gang pursuant to the California Street Terrorism Enforcement and Prevention Act ("STEP"), Pen. Code, 186.20 et seq. The court explicitly held that the STEP Act allowed a predicate offense to be established by proof of an offense defendant committed on a separate occasion. Therefore, at issue was whether, even if the STEP Act allowed a predicate offense to be established by evidence of a defendant's offense on a separate occasion, the inherent prejudice in such evidence generally required its exclusion under Evidence Code section 352. The court held that the admission of evidence of defendant's conviction of extortion and related activities in 1993 and 1994 was a proper exercise of the trial court's discretion under section 352 where the evidence was highly probative on several issues and not unduly prejudicial because the evidence tended to establish elements of the prosecution's case. Accordingly, the judgment was affirmed.