P. v. Ballesteros CA2/3
A jury found defendants and appellants Alejandro and Oswaldo Ballesteros guilty of assault with a semiautomatic firearm and found true gang allegations. To prove the gang allegations, a gang expert testified that in forming his opinion defendants are gang members he relied on field identification cards (“FI cards”). At least some of those FI cards were displayed to the jury, even though details in them were not admissible. On appeal, defendants raise numerous contentions about the FI card evidence. We conclude that the trial court erred in allowing the cards to be shown to the jury and that the error was prejudicial. We therefore reverse the true findings on the gang enhancement allegations, although we reject or need not address defendants’ remaining contentions.
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