In re Daniel A.
A petition alleged minor Daniel A. committed one count each of assault by means likely to produce great bodily injury and assault with a deadly weapon (Pen. Code, 245, subd. (a); all further references are to this code unless otherwise stated; counts 1 & 2), made criminal threats ( 422; count 3), participated in a street gang ( 186.22, subd. (a); count 4), and committed vandalism ( 594; count 5). It also alleged all but count 4 were committed for the benefit of a street gang ( 186.22, subds. (b), (d)) and that counts 1 and 3 were hate crimes ( 422.75, subd. (b)). After a hearing, the court found all allegations to be true. The only ground for minors appeal is exclusion of character evidence about one of the victims. He contends the court erred in finding the testimony irrelevant and barring it under Evidence Code section 352, exclusion violated his constitutional right to put on a defense, and the error was prejudicial. Court disagree and affirm.
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