C.A. 4th;
D069355

The Fourth Appellate District affirmed in part and reversed in part a judgment. In the published portion of its opinion, the court held that the trial court erred in admitting booking statements from the defendant's prior and unrelated arrests as evidence of gang affiliation.

Antwaren Roberts was tried before a jury for a 2013 shooting and related crimes. It was alleged under Penal Code §186.22 that the crimes were committed for the benefit of a criminal street gang. A prosecution gang expert opined that Roberts was a member of a local gang. He based this opinion, in part, on Roberts' admission of gang affiliation during 2004 and 2006 jailhouse intake interviews. The jury found Roberts guilty of attempted murder and other crimes, and found the gang allegation true. Roberts was sentenced accordingly.

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