Gutierrez v. State
Annotate this CaseDefendant Mario Gutierrez was charged with first-degree murder, first-degree assault, and use of a handgun in the commission of a crime of violence following the shooting death of the victim. At trial, witnesses testified that the incident was related to Defendant's affiliation with a street gang. The trial court permitted testimony of a gang expert who generally described the violent customs of the gang. The Court of Appeals affirmed, holding (1) expert testimony about the history, hierarchy, and common practices of a street gang is permissible where fact evidence establishes that the crime charged was gang-related and the probative value of the testimony is not substantially outweighed by any unfair prejudice to the defendant; and (2) the circuit court in this case did not abuse its discretion in permitting the gang expert to testify because ample fact evidence established a connection between the victim's shooting death and the street gang, and although the unfair prejudice of one of expert's statements outweighed its probative value, the error was harmless.
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