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PEOPLE v. VANG

No. S184212.

52 Cal.4th 1038 (2011)

132 Cal. Rptr. 3d 373

262 P.3d 581

THE PEOPLE, Plaintiff and Respondent, v. XUE VANG, Defendant and Appellant.

Supreme Court of California.

October 31, 2011.

Attorney(s) appearing for the Case

John P. Dwyer , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Steve Oetting and Eric A. Swenson , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CHIN, J.—

An expert witness testified about whether a crime was gang related. 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. We disagree that the trial court erred. It is required, not prohibited, that hypothetical questions be based on the evidence...

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