# State v. Yarbrough

> Court of Appeals of Washington · June 30, 2009 · 151 Wash. App. 66

URL: https://www.frixlaw.com/law-library/cases/4754979

## Case

- **Full name:** The State of Washington v. Verrick Vere Yarbrough
- **Court:** Court of Appeals of Washington
- **Decided:** June 30, 2009
- **Citations:** 151 Wash. App. 66
- **Precedential status:** Published
- **Opinion:** Concurrence by Penoyar
- **Judges:** Armstrong, Bkintnall, Penoyar, Quinn
- **Cited by:** 126 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4754979

## How later opinions describe it (automated extraction)

- stating that expert testimony that gang members “gain status within the gang by being willing to engage in gunplay to defend the gang’s honor,” when combined with evidence of Mr. Yarbrough’s intent, supported the aggravating factor
- holding gang affiliation evidence to be relevant to prove motive under Rule 404(b)
- finding gang-related evidence relevant to establish the relationship between the defendant and victim

## Opinion text

Penoyar, A.C.J.
¶63 (concurring) — I agree with the majority except for its discussion of the trial court’s decision to admit evidence of Yarbrough’s gang affiliation.
¶64 The majority correctly concludes that this evidence was admissible to establish motive and the requisite mental state. I would end the analysis there and not proceed to analyze whether the same evidence might also be admissible to prove Yarbrough’s identity.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4754979. Public record. Not legal advice.