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PEOPLE v. PARTIDA

No. S127505.

35 Cal.Rptr.3d 644 (2005)

37 Cal.4th 428

122 P.3d 765

The PEOPLE, Plaintiff and Respondent, v. Jose PARTIDA, Defendant and Appellant.

Supreme Court of California.

November 21, 2005.

Attorney(s) appearing for the Case

Verna Wefald, under appointment by the Supreme Court, for Defendant and Appellant.

Michael J. Hersek, State Public Defender, and Barry P. Helft, Chief Deputy State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Donald E. De Nicola, Lance E. Winters, John R. Gorey and Laura J. Hartquist, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

In this case, the trial court admitted evidence of defendant's gang involvement over his objection that the evidence was more prejudicial than probative. (See Evid.Code, § 352.) The Court of Appeal concluded that the court erred in admitting some of the evidence but found the error harmless. We granted review to decide when, if ever, a trial objection on Evidence Code section 352 grounds preserves the appellate argument that admitting the evidence violated...

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