STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2022 KW 0074 VERSUS

DARRYL BRAGGS, JR. JANUARY 25, 2022

In Re: Darryl Braggs, Jr., applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 211014.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED. The trial court' s ruling granting the State' s notice to introduce other crimes evidence of relator' s possible gang affiliation pursuant to La. Code Evid. art. 404( B)( 1) is reversed. The mere showing of gang affiliation or participation in the crimes by known gang members is insufficient to permit evidence of such gang affiliation to be introduced at trial. Absent evidence that gang affiliation was the reason for commission of the underlying crimes, evidence of relator' s possible gang affiliation has no bearing on or relevance to prove the elements of the charged crimes. See State v. Hawkins, 2016- 0458 ( La. App. 4th Cir. 5/ 17/ 17), 219 So. 3d 1133, 1149, writs denied, 2017- 1183, 2017- 1280 ( La. 5/ 18/ 18), 242 So. 3d 575; State v. Barnes, 28, 835 ( La. App. 2d Cir. 12/ 11/ 96), 685 So. 2d 1148, 1155.

JMM WIL

Wolfe, J., dissents and would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

o1 • !

DEPUTY 4 CLERK OF COURT FOR THE COURT