People v. VangAnnotate this Case
Defendants were convicted of assault by means of force likely to produce great bodily injury and the jury also found true an enhancement allegation that defendants committed the assault for the benefit of the Tiny Oriental Crips (TOC), a criminal street gang. The Court of Appeal held that the trial court erred in permitting the expert to respond to hypothetical questions the prosecutor asked because the questions closely tracked the evidence in a manner that was only thinly disguised. The court disagreed that the trial court erred and held that it was required, not prohibited, that hypothetical questions be based on the evidence. The questioner was not required to disguise the fact the questions were based on that evidence. Although the Court of Appeal erroneously found error, it also found the error harmless. Accordingly, it reached the correct result and the court affirmed the judgment.