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GUTIERREZ v. STATE

No. 98, September Term, 2009.

32 A.3d 2 (2011)

423 Md. 476

Mario Rodriguez GUTIERREZ v. STATE of Maryland.

Court of Appeals of Maryland.

November 29, 2011.

Attorney(s) appearing for the Case

Andrew V. Jezic (Jezic, Krum & Moyse, Wheaton, MD), for Appellant.

Jonathan Bloom (Law Offices of Jonathan Bloom, Rockville, MD), on brief, for Appellant.

Diane E. Keller, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore, MD), on brief, for Appellee.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

ADKINS, J.

In this case we must determine whether expert testimony about the history, hierarchy, and common practices of a street gang is admissible as proof of motive or is prohibited by Maryland Rule 5-404(b) as evidence of other crimes, wrongs or acts. We hold that such testimony is permissible where fact evidence establishes that the crime charged was gang-related and the probative value of the testimony is not substantially outweighed by any unfair prejudice...

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