State Of Louisiana v. Darryl Braggs, Jr.

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