OPINION
T1 Lоnny High appeals his conviction for aggravated assault with an "in concert" enhancement, a second degree felony, see Utah Code Ann. § 76-5-103 (2008); id. § 76-2-202; id. § 76-3-208.1 (Supp. 2011), and riot, a third degree felony, see id. § 76-9-101 (2008). 1 We affirm.
BACKGROUND 2
1 2 On October 24, 2009, High, Saul Cristo-bal, 3 and an unidentified third individual (the *1050 Third Man), assaulted two brothers (Big Brother and Little Brother). That evening, Big Brother and his friend (Friend) were longboarding on the Provo River Parkway (the Trail). High, Cristobal, and the Third Man, who were also on the Trail, chased Friend and pulled him off his longboard. Eventually, Friend and Big Brother left without further incident.
13 Later that night, around 10 p.m., Big Brother was riding his longboard down the Trail alone and again saw the three men. As he passed, one of the men asked Big Brother, "What you looking at?"
T4 Approximately one hour later, Big Brother and Little Brother met on the Trail to walk home. Despite Big Brother's urging to take a different route, Little Brother decided to proceed on their normal path along the Trail. Little Brother was on foot and Big Brother was riding his longboard. Soon thereafter, on a portion of the Trail adjacent to a road, the brothers came across High, Cristobal, and the Third Man, who were walking toward them. High and Cristobal left the Trail, and crossed to the far side of the road, while the Third Man walked past the two brothers. When the Third Man whistled, High and Cristobal returned to the Trail and the three began following the brothers. Big Brother informed Little Brother that these three men had confronted him earlier that night. The brothers paused on two occasions to ask the three men to stop following them. During the second exchange, Big Brother referred to the three men as "wannabe gangsters."
15 As the two brothers turned to continue on their way, Cristobal picked up a rock and ran at Big Brother with it, while the Third Man attacked Big Brother with what appeared to be a stick. Big Brother curled up into a defensive position just before Cristobal slammed the rock into the side of his head and the Third Man beat him with the stick. High also participated in the altercation, during which the Third Man hit Little Brother on the head with the stick. As the three assailants left the scene, they shouted "PVL," an acronym for the "Provo Varrio Locotes" gang, and "flashfed] the signs," to let the brothers know "that's who did it." The assault left Big Brother bleeding from a head wound.
T 6 The brothers called the police and positively identified High and Cristobal as two of the three men who had assaulted them. The State charged High and Cristobal with riot and aggravated assault committed in concert with two or more persons. Neither defendant requested a separate trial.
17 Before trial, the State disclosed that it planned to introduce gang evidence, including that High and Cristobal had been convicted for assault in concert with two or more persons for a May 20, 2009 altercation on the Trail. After briefing and argument, 4 the trial court ruled that some of the gang evidence was admissible and reserved ruling on the admissibility of the other gang evidence. During trial, High and Cristobal announced their decisions to testify, and the trial court provided the parties another opportunity to be heard on the admissibility of the gang evidence. Ultimately, the trial court ruled that the fact both defendants were felons could be introduced, but the details of the convictions could not due to their similarity to the cireumstances of the instant charges. The court also decided that because there had already been evidence that High had "PVL" tattooed on his hand and that the defendants yelled "PVL" as they fled, the State could ask questions about "how long [the defendants had] known each other and in what capacity, and whether or not they [were gangl members." When asked for clarificаtion, the trial court instructed the State "to exercise some caution" and invited the defendants to object if the State went "too far."
T8 High and Cristobal both testified that they had acted in self-defense when the brothers attacked them without provocation. They indicated that their first encounter with Big Brother came while they were "hangling] out" on the Trail. 5 High and Cristobal testi *1051 fied that they told Big Brother and Friend not to pay attention to the Third Man, whom they claimed not to know, because he appeared to be intoxicated and had approached Big Brother and Friend. When they next saw Big Brother, he rode his longboard past them, and no words were exchanged.
T9 High and Cristobal testified that the Third Man was not present when they again encountered the brothers a short while later. High, who had walked across the street to go his separate way, saw the brothers approaching Cristobal on the Trail. Because all three then stopped, High returned to learn what was happening. Both High and Cristobal reported that Big Brother was armed with a pool cue and taunting Cristobal. 6 High testified that Big Brother raised the pool cue and "looked like he was getting ready to come at [them]." To defend himself, High picked up a rock as Big Brother rushed at him. High hit Big Brother with the rock, causing Big Brother to drop the pool cue. High grabbed the pool cue and hit Big Brother with it. Then Little Brother grabbed High, so High responded by hitting Little Brother with the cue. Cristobal testified that he did not participate in the fight but was "watching everything." After the fighting was over, High exclaimed to Cristobal, "[It's PVL," because he was "all pumped up."
1 10 At trial, High admitted that he was a member of the PVL gang, and also showed the jury his "PVL" tattoo. The defendants explained that they had been members of PVL together for about four years. Although High remained an active member of the gang, they both claimed that Cristobal had disavowed his affiliation two or three months before the altercation.
T11 On cross-examination, High stated that PVL stands for "Provo Varrio Locotes," which translates in English to "Provo Neighborhood Crazies." The State asked High, "what does [PVL] do;, what is it about?" High answered, "A street gang," and his attorney objected. The trial court permitted the testimony and allowed the defendants to register a continuing objection to that line of questioning. The State then elicited additional testimony about PVL's and High's activities. 7
{12 At the close of evidence, High memorialized his objection to the Gang Activity Evidence and moved for a mistrial. The trial court denied the motion for mistrial, ruling that by testifying, High and Cristobal had opened the door to "some threshold inquiries as it relates to the organization [PVL] itself." The trial court concluded that the State's questioning did not go "beyond the direction of the Court" in response to the pretrial and in limine motions. However, the court did give an instruction limiting the jury's use of all of the gang related evidence. 8
{13 During closing argument, the State did not mention the Gang Activity Evidence. The State focused on credibility instead, arguing that the testimony of Little Brother and Big Brother was more reliable than that of the defendants. The jury found High and Cristobal guilty of both riot and aggravated assault, and also found that they had acted in concert. High filed a timely appeal to this court, challenging his conviction.
*1052 ISSUE AND STANDARD OF REVIEW
$14 On appeal, High claims that the trial court exceeded its discretion by admitting evidence of his other bad acts. Specifically, High challenges the admission of the Gang Activity Evidence. We will reverse a trial court's decision to admit evidence of other bad acts only if the trial court exceeded its discretion, see State v. Widdison,
ANALYSIS
115 High doеs not challenge the trial court's pretrial ruling or the Gang Affiliation Evidence. Indeed, High concedes that the Gang Affiliation Evidence was probative of the three assailants' relationship and their "alleged collusion.
9
See State v. Toki,
I. The Gang Activity Evidence Is Properly Considered Under Rule 404(b)
116 Rule 404(b) governs the admission of evidence of "crime[s], wrong[s], or other act[s]" committed by the defendant. See Utah R. Evid. 404(b)
11
Such evidence is admissible if it is offered for a proper, non-chаracter purpose, if it is relevant under rules 401 and 402 of the Utah Rules of Evidence, and if its probative value is not substantially outweighed by the danger of unfair prejudice under rule 403 of the Utah Rules of Evidence. See State v. Nelson-Waggoner,
{17 As a threshold matter, the State argues that the Gang Activity Evidence is not governed by rule 404(b) because it relates only to High's affiliations and not to his actions. According to the State, "(there are some aspects of the human condition that are not aptly captured by the phrase 'crimes, wrongs or acts."" See 1 Christopher B. Mueller & Laird C. Kirkpatrick, Federal Evidence § 4:28 (8d ed.2007). In support, the State relies on Somee v. State,
18 In Somee, the prosecution offered evidence of the defendant's admission to police officers "that he was a member of the Hor-ney Boyz gang and that officers had previously found him in possession of weapons. 12 See id. at 157. Somee objected under a rule similar to rule 404(b) on the ground that the evidence was impermissible character evidence. See id. at 157, 160. The trial court allowed the evidence оf Somee's gang affiliation to be introduced and the jury convicted him. See id. On appeal, Somee claimed that the police officers' testimony about his gang affiliation was improper character evidence that should have been admitted only with a contemporaneous limiting instruction, as required by Nevada precedent regarding evidence of prior bad acts. See id. at 160. After reversing and remanding for a new trial on other grounds, the Nevada Supreme Court indicated that the evidence of Somee's gang affiliation "was not character evidence" and that it therefore did not need to reach the question of whether the trial court should have given a limiting instruction at the time the evidence was introduced. See id. at 160-61.
I 19 While Somee does provide support for the proposition that evidence of a defendant's membership in a gang is not properly examined under rule 404(b), the state has pointed us to no authority from Utah deciding this matter.
13
Moreover, a number of jurisdictions that have considered the matter have concluded that membership in a gang does constitute evidence of other crimes, wrongs, or aсts governed by rule 404(b). See, eg., Hoops v. State,
T20 Trial counsel made no objections to the State's eross-examination of High until it asked, "[Wlhat does [PVL] do; what is it about?" High answered, "A street gang." At that point, High's attorney immediately objected to that question and the similar ones that followed. The trial court allowed the testimony, which proceeded as follows:
[State:] Is there a territorial boundary for PVL?
[High:] Provo.
[State:] Okay, does the organization do anything to be able to protect or to be able to assert itself within that boundary? i
[High:] We have conflicts with rival gangs.
[State:] "Conflicts," meaning?
[High:] Fights.
[State:] Fights?
[High:] Yeah.
[State:] Willingly coming together to meet a rival gang to fight?
[High:] Yeah.
*1054 [State:] Do you understand that that's probably illegal?
[High:] Yeah.
[State:] But the organization doesn't have a problem with that?
[High:] No.
[State:] So you participated in that kind of similar activity before?
[High:] Yeah.
[State:] So the organization exists to fight rival gangs?
[High:] Yeah.
[State:] Sounds like to be a member of PVL you've got to be kind of a tough guy, right?
[High:] I wouldn't say that.
[State:] Are there ... differing degrees of people within PVL, or is everybody ... pretty much equal?
[High:] Pretty much equal.
[State:] Is there any status at all within PVL? ... Is there anything that would give you [any] kind of status within PVL?
[High:] Just the like all the fighting and stuff.
[State:] Okay.
[High:] Just stuff you do.
[State:] So the more that you do or the braver you are or the more aggressive you are, that gives you status?
[High:] Yeah.
[State:] You've been in there for like four years?
[High:] Yeah.
Unlike in Somee, where the evidence considered on appeal was limited to the fact that the defendant was a gang member, see So-mee,
{21 High indicated that "we" fight other gangs, that he understands that this is probably illegal, that he has participated "in that kind of similar activity before," and that the gang members gain status through fighting and aggressive behavior. High's participation in prior gang fights and the fact that he knowingly engaged in illegal activity, including fighting and aggressive behavior, is the type of evidence of "a crime, wrong, or other act" contemplated by rule 404(b) of the Utah Rules of Evidence. Compare State v. Nielsen,
II. The Gang Activity Evidence Is Not Intrinsic to the Crime Charged
122 We also reject the State's alternative assertion that rule 404(b) is inapplicable because the evidence is intrinsic to the crime charged. The evidence that High has previously fought with rival gangs over territory, that one of PVL's purposes is to engage in such fights with rival gangs, and that High understands that such conduct is likely illegal is not "inextricably intertwined" with the assault alleged in this case because there was no evidence presented that either Little Brother or Big Brother was a member of a rival gang. Consequently, we examine High's claim of error concerning the Gang Activity Evidence under rule 404(b) оf the Utah Rules of Evidence.
III. Evidence Relating to a Defendant's Gang Membership Is Not Presumptively Inadmissible
123 Evidence that the crime charged is related to the activities of a gang or a person's gang membership has long been admitted in Utah. See State v. Gallegos,
T 24 In this court's recently published decision, State v. Toki,
125 On appeal, Toki claimed that this extensive evidence, "by extension," implicated him in TCG's criminal activity. See id. T 41. This court first determined that the evidence relating to the codefendants' identity and membership in TCG was relevant to the "in concert" enhancement. See id. 942, 45. Next, we noted that the only fact witness who could provide evidence on these issues was subject to impeachment due to her level of intoxication during the incident and her false allegation that one of the defendants had raped her. See id. 142. Based on these considerations, we concluded that the trial court did not exceed its discretion in determining that the expert testimony on these points was more probative than unfairly prejudicial. See id. 145. We also concluded, however, that "[a] great deal of [the expert's] testimony was clearly irrelevant to the charged offenses, particularly [his] gratuitous statements about 'our gang problem,' criminal activities of gangs, and his investigation of gang crimes," and that the "trial court erred by admitting that part of [the expert's] testimony and by failing to control the seope of the testimony when it exceeded appropriate limits." See id. TT 45-46 (citing Milligan,
126 From these dеcisions it is apparent that while "no Utah precedent has stated that gang references automatically taint juries," we have viewed such evidence with caution due to the risk that it may carry some unfair prejudice. See id. 145 n. 8; see also Milligan,
T27 In the appropriate context, "gang evidence has probative value warranting its admission over claims of prejudice." See, e.g., Irvin,
IV. The Trial Court's Admission of the Gang Activity Evidence Was Not Prejudicial Error
128 Trial courts play an important role in determining whether and to what extent gang-related evidence should be admitted because they are in the best position to make these nuanced and fact-dependent decisions. See State v. Sellers,
129 In examining the evidence, a trial court must first decide whether it is "offered for a proper, noncharacter purpose." See Nelson-Waggoner,
[The strength of the evidence as to the commission of the other erime, the similarities between the crimes, the interval of time that has elapsed between the crimes, the need for the evidence, the efficacy of alternative proof, and the degree to which the evidence probably will rouse the jury to overmastering hostility.
State v. Shickles,
130 High argues that the trial court did not serupulously examine the Gang Activity Evidence both because the court failed to determine whether the evidence was offered for a proper, noncharacter purpose, and because it failed to apply the Shickles factors. See Nelson-Waggoner,
31 The State counters that the evidence is relevant and probative of the "in concert" enhancement, to rebut High's self-defense claim, and to explain the cireumstances of the fight. The State also argues that a trial court need not evaluate each Shickles factor to conduct a proper rule 408 evaluation "as long as we can discern that it made a sufficient inquiry." See State v. Harter,
32 We begin our analysis by reviewing the trial court's deliberations with respect to the challenged evidence. The trial court's examination of the gang evidence began before trial when the State announced its intent to introduce six pieces of evidence relating to PVL: (1) that High is a member of PVL; (2) that High has "PVL" tattooed on his hand; (3) that Cristobal is a member of PVL; (4) that on May 20, 2009, High participated as a party to an аssault, in concert, on the Trail; (5) that High knowingly committed the prior assault in concert with three or more others, *1058 including Cristobal; and (6) that PVL claims the Trail as its territory. Despite its position on appeal that 404(b) is inapplicable, the State argued at trial that each of these pieces of evidence was admissible under rule 404(b). In doing so, it identified the noncharacter purposes of the evidence, discussed its relevance, and argued that it was more probative than prejudicial, as required under a 404(b) analysis. The State assured the trial court that it was not trying to "bring in a bunch of evidence about gang stuff that is going to be detrimental to the defendants, because ... that is a touchy issue." Instead, the State indicated that it wanted to "bring in the fact that the defendants have an association with PVL, to be able to help deal with the issues of whether they were acting in collusion{,] in concert with one or more persons."
38 In response, High's counsel discussed the three-part inquiry required under rule 404(b) and how it applied to the proposed evidence. 15 Although acknowledging that his tattoo was relevant to show that the initials on his wrist matched those shouted after the confrontation with Big Brother and Little Brother, High argued that the State could not introduce evidence that PVL stands for the name of a gang. High urged the trial court to exclude the evidence both because the State had not designated an expert on that point and because the evidence would be more prejudicial than probative. The State agreed that "it would be impermissible for the State to, in essence, go into what would be expert testimony to establish what is PVL," but asserted that if the defendants took the stand, it was entitled to obtain this information through them.
134 After considering the briefs and oral argument, the trial court permitted the State to introduce the proposed evidence that someone shouted "PVL" at the seene and that High had "PVL" tattooed on his hand. 16 With respect to the fact that the Trail was considered by PVL to be part of its territory, the trial court ruled that this evidence would be admitted only if the defendants testified. The trial court also excluded the defendants' prior felony convictions, reasoning that the fact and details of the convictions were more prejudicial than probative. However, the trial court explained that it would revisit thе admissibility of the prior felonies if High and Cristobal testified. Finally, because the defendants had not yet decided to testify, the trial court was unwilling to decide whether doing so would "open the door" to further gang evidence, as suggested by the State.
1 35 Trial commenced, and the jury heard some Gang Affiliation Evidence. When the defendants indicated their intent to testify on their own behalf, the trial court conducted another hearing outside the presence of the jury. The trial court first invited argument on the admissibility of the defendants' criminal records. The defendants asserted that this question should be resolved under rule 609 of the Utah Rules of Evidence, governing the impeachment of a witness by evidence of his conviction of crime. Arguing against admissibility under rule 609, High addressed the following factors: (1) the extent to which the evidence bears on the defendant's propensity to testify truthfully; (2) the recentness or remoteness of the prior conviction; (8) the similarity of the prior crime to the charged crime; (4) the importance of credibility to the prosecution; and (5) the importance of the accused's testimony.
136 Next, the trial court raised the separate issue of the State's ability "to probе regarding gang affiliations and a variety of other things" and invited the State to explain how the evidence related to rules 609 and 404(b) of the Utah Rules of Evidence. The State first conceded that because the prior felony conviction is "exactly the same felony as [the charged crime] ... clearly under a 609 analysis" admitting the details of the conviction "would be unduly prejudicial." It argued, however, that if the defendants took the stand, rule 404(b) did not prohibit the State from asking "a little bit about what is the nature of [PVL]. In particular, the State claimed that the evidence was needed to prove that the defendants acted in concert, to refute their self-defense claims, and because the fight began just after Big Brother called *1059 the defendants "wannabe gangsters." High argued that, despite its relevance, all of the gang evidence was unfairly prejudicial beyond its probative value.
137 Before announcing its decision, the trial court correctly noted that evidentiary rules 609, 404(b), and 408 were all implicated by the proposed evidence and that some of the considerations underlying the rules overlapped. Looking at the similarity between the prior felony аnd the charges at issue under rule 609, the trial court concluded that the fact of the felony conviction could be admitted but that the details would be excluded. With respect to the gang evidence, the trial court ruled, "[Blecause we have two or more acting in concert under the charges themselves; and by virtue of the fact that there has already been evidence that has been admitted regarding a tattoo on ... High's hand, ... [and that] someone yelled something about PVL, that ean be explored." The court later clarified that the State could ask the defendants "generic types of questions" about "what is PVL, and how long have you been associated with it, and are you both ... members, do you know each other in connection with that." Due to the difficulty of predicting how the defendants would testify, however, the trial court "instructed Counsel that they're going to have to object if they believe that it oversteps into areas that ... can't be explored." The jury was then reseated and the trial continued.
38 When High objected to the Gang Activity Evidence, the sidebar conference with the trial court was not recorded. At the close of evidence, High plаced the substance of that discussion on the record and asked for a mistrial based on the introduction of the Gang Activity Evidence. The trial court denied the motion, explaining,
[When you have someone that's involved in an assault, whether it's a defense, whether they initiate it, and they have gang tattoos on their hands, or paraphernalia or anything else, and when at the conclusion of that assault ... they yell out the affiliation[,] then they take the witness stand in connection with the case, it opens the door.
139 It is apparent from this record that the trial court was aware of the sensitivity of the gang evidence, allowed the parties to be heard regarding its admissibility at various stages of the proceedings, and carefully considered its relevance and prejudicial effect. Although the parties failed to mention the Shickles factors in the briefs or argument to the trial court, many of them were considered and discussed. For example, in deciding whether the details of High's prior felony conviction should be admitted under rule 609, the trial court considered similarity, remoteness, and whether the risk of prejudice was outweighed by the probative value of the evidеnce. While there is no discussion on the record about the strength of the evidence, the fact that High and Cris-tobal had pleaded guilty to the prior felony and were punished accordingly was known to both the trial court and the parties. Likewise, the information included the date of the prior conviction and thus, the interval of time between it and the events from which the current charges arose. 17 The trial court also considered the relevance of the evidence to the "in concert" enhancement,. With respect to the prejudicial nature of the details of the prior felony conviction, the trial court concluded that they were so similar as to be unfairly prejudicial beyond their probative value and the State agreed. Thus, we conclude that the trial court scrupulously examined the details of the prior felony convie-tions before holding that they could not be admitted.
140 Despite the trial court's ruling that the State could not introduce the fact that High and Cristobal had been con-vieted of a felony as a result of their joint participation in a fight on the same Trail where the charged offenses occurred, it permitted the State to elicit much of that same evidence from High on cross-examination. High testified that he had participated in gang fights over territory in Provo during his four-year membership in PVL. As a result,
*1060
some of the details exeluded as too prejudicial under rule 609 because they were "exactly the same" crime as charged were admitted under rule 404(b). While this reflects an apparent inconsistency between the trial court's rulings, the discrepancy does not equate with error. A trial court may modify or reverse a prior ruling any time before final judgment. See IHC Health Servs., Inc. v. D & K Magmt., Inc.,
V. The Introduction of the Gang Activity Evidence Was Harmless
{$41 We will not disturb the jury's verdict unless "the likelihood of a different outcome [is] sufficiently high to undermine confidence in the verdict." See State v. King,
A. Some of the Gang Activity Evidence Was Properly Admitted Under Rule 404(b)
142 We now examine the Gang Activity Evidence under rule 404(b) to determine whether it was properly admitted. For purposes of this analysis, we consider the Gang Activity Evidence challenged by High to consist of three facts: 18 (1) that the braver and more aggressive a PVL member is, the higher his status in the gang (status testimony); (2) that one of PVL's purposes is to fight rival gangs for territory (rival gang testimony); and (8) that High has participated in such fights and that he understands that this is probably illegal (illegal prior fights testimony). 19
*1061 1. The Fact that PVL Members Gain-Status by Engaging in Aggressive Behavior I
143 To begin, we address the status testimony. The first step of that analysis is to determine whether the evidence was offered for a proper, noncharacter purpose. See State v. Killpack,
{44 Furthermore, the status testimony made it more likely that High and Cristobal instigated the conflict. As a result, the evidence is also admissible under rules 401 and 402. See Utah R. Evid. 401 ("Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action."); Utah R. Evid. 402 ("Relevant evidence is admissible unless any of the following provides otherwise: the United States Constitution; the Utah Constitution; a statute; or rules applicable in courts of this state. Irrelevant evidence is not admissible.").
145 We are likewise convinced that the status testimony "does not pose a danger for unfair prejudice that substantially outweighs its probative value." Killpack,
146 By the time the State elicited this testimony, the jury knew of High's and Cristobal's gang membership, the fact that they shouted "PVL" when fleeing from the scene, that High bears the initials "PVL" on his hand, and that PVL is a gang. The added fact that members of PVL gain status through aggressive behavior, including fight ing, was not likely to increase significantly whatever prejudice the defendants had already suffered due to the gang evidence already admitted. See id. TV 45-46.
147 After carefully considering the evidence under rule 404(b), including the application of the Shickles factors, we conclude that the trial court properly admitted the status testimony. Therefore, High was not prejudiced by its admission.
2. The Fact that One of PVL's Purposes Is to Fight Rival Gang Members for Territory
148 We next consider the rival gang testimony. Although evidence that gangs fight each other may be probative to rebut a self-defense claim in some instances, see, e.g., Utz v. Commonwealth,
3. The Fact that High Participated in Fights with Rival Gangs Despite His Understanding that It Was Probably Illegal
149 We next consider whether the evidence that High had participated in fights against rival gangs, despite his understanding that such activity was probably illegal, should have been exeluded. First, when the trial court cbnsideljed High's prior conviction for engaging in a gang fight on the Trail, it excluded such details as unduly prejudicial. Second, the evidence implicates High directly in violent conduct that he admits might be illegal. Third, because the fights were between rival gangs, the evidence has limited relevance to the motive for attacking non-gang members like the brothers. Fourth, the evidence may imply that High is a violent person who violates the law with impunity and, therefore, had the propensity to instigate the present conflict. Consequently, we assume for purposes of our analysis that the trial court should have excluded the ilegal prior fights evidence. Cf. State v. Milligan,
*1063 B. Any Error in Admitting the Evidence Was Harmless
1150 Despite assuming that the rival gang and illegal prior fights testimony should have been excluded, we will not overturn the jury's verdict "if the admission of the evidence did not reasonably [alffect the likelihood of a different verdict." See State v. Houskeeper,
1 51 Even if the evidence had been exelud-ed, however, the jury would still have heard unchallenged and properly admitted gang evidence, including testimony that PVL is a street gang; that High is a member of PVL; that Cristobal was a member until shortly before the incident; that High, Cristobal, and the Third Man shouted "PVL" and flashed "signs" while fleeing; and that High had a "PVL" tattoo on his hand. The jury also knew that High and Cristobal had been members of the PVL gang together for four years and that PVL stood for a gang known in English as the "Provo Neighborhood Crazies." Furthermore, we have concluded that the trial court properly admitted evidence that PVL members fight to gain status within the organization, which considers Provo its territory. While the extent of this evidence suggests that the State had little need for additional gang evidence, it also lessens the impact of any improperly admitted evidence.
152 In light of High's long-term gang affiliation and his admitted participation in a violent altercation that left Big Brother bleeding from a head wound, the fact that High has been in gang fights in the past, despite knowing that they are probably illegal, was unlikely to increase by any significant degree the negative impact of the properly admitted gang evidence. See State v. Milligan, 2010 UT App 152U, para. 5,
53 In addition, the State did not refer to any of the gang evidence in summation and the improper evidence is contained in seventeen lines of testimony over a two-day trial with over 400 pages of transcript. See State v. Toki,
154 Considering all of these factors, the presumed improper admission of the rival gang and illegal prior fights testimony does not undermine our confidence in the jury's verdict,. While we caution against the cumulative and excessive use of such evidence, under the particular facts and circumstances present here, we are convinced that any presumed error was harmless. See, eg., Toki,
CONCLUSION
T 55 Even assuming that some of the Gang Activity Evidence was improperly admitted, we are convinced that any assumed error was harmless because of the extensive properly admitted gang evidence, the trial court's limiting instruction to the jury, the State's restraint in not mentioning the gang evidence during closing argument, and the minimal references to the improper evidence in the context of the entire trial.
1 56 Affirmed.
57 WE CONCUR: WILLIAM A. THORNE JR., and MICHELE M. CHRISTIANSEN, Judges.
Notes
. Since the events giving rise to the charges in this case, the Utah Legislature has made material changes to the aggravated assault statute. Therefore, we cite the version of that stаtute in effect when the alleged offense occurred. Compare Utah Code Ann. § 76-5-103 (2008), with id. § 76-5-103 (Supp.2011). Because the legislature has not made any substantive changes to the provisions of the other statutes discussed in this opinion, we cite the current version of the Utah Code with respect to all statutes except the aggravated assault statute.
. We state the facts "in a light most favorable to the jury's verdict" and "present conflicting evidence only as necessary to understand issues raised on appeal." See State v. Holgate,
. High and Cristobal were tried together and the jury found them both guilty. Cristobal has also appealed his conviction and we issue our decision in that matter as a companion case to this opinion. See State v. Cristobal,
. We discuss the trial court's consideration of the arguments related to the admission of the gang evidence in more detail later in this opinion. See infra T 32-38.
. High and Cristobal indicated that they first encountered Big Brother around 11 p.m. and *1051 that the altercation occurred about thirty minutes later.
, The police later found a broken pool cue at the scene of the incident.
. We refer to all of the evidence admitted after High's objection as the "Gang Activity Evidence" to distinguish it from the evidence admitted without objection, which we refer to as the "Gang Affiliation Evidence."
. The limiting instruction stated that the First Amendment guarantees the right to peaceably assemble and explained,
This Court has allowed you to hear evidence that Defendants have associated with others who describe themselves as P.V.L. Such associations are not inherently illegal. You may consider such evidence only for the purpose of determining, beyond a reasonable doubt, whether the State has proved each element of each crime charged.... Such evidence was not offered to prove and you are not allowed to consider such evidence as proof that either Defendant is prone or inclined to commit crimes generally or the crimes charged in this case specifically. Neither Defendant's character traits are relevant in this trial. It is admissible however to show motive, opportunity, intent, preparation, plan, knowledge, or identity.
. The "in concert" enhancement requires proving that "the defendant was aided or encouraged by at least two other persons ... and was aware of this aid or encouragement" while each other person "was physically present" or "participated as a party to [the] offense." Utah Code Ann. § 76-3-203.1(1)(b) (Supp.2011). As charged, "riot" required proving that High assembled with "two or more other persons with the purpose of engaging ... in tumultuous or violent conduct, knowing, that [the other persons had] the same purpose." Id. § 76-9-101(1)(b) (2008).
. For the convenience of the reader, we cite the current version of rule 404 and other rules of evidence, which were amended "stylistically" in 2011. See generally Utah R. Evid. 404, 2011 advisory committee's note (''There is no intent to change any result in any ruling on evidence admissibility."). Because the federal versions of the rules cited in this opinion remain substantially the same as the Utah versions, we consider decisions interpreting the federal rules informative. See State v. Webster,
. "Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in conformity with the character.... This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident." Utah R. Evid. 404(b).
. Although the fact section of the opinion states that the trial court admitted evidence that Somee had previously been found in possession of weapons, there is no discussion of that evidence in the analysis. See Somee v. State,
. While this court has not examined whether gang affiliation by itself is an "other act," it has, without discussion, included gang affiliation in a 404(b) analysis that also included evidence that the defendant had been in prison, been on parole, had a history of domestic violence, and had allegedly solicited another person to threaten the victim. See State v. Pedockie, 2008 UT App 417U, paras. 2-8,
. In State v. Harrison,
. Neither the State nor High expressly referred to the Shickles factors in the trial court.
. High does not challenge this evidence on appeal.
. The defendants had entered the guilty pleas only about two months before the altercation with the two brothers.
. High does not challenge the evidence that Provo is within the territory claimed by PVL (territory testimony). This is the only piece of evidence challenged by codefendant Cristobal that is not challenged by High. We therefore address this issue in our decision in State v. Cristobal,
. We acknowledge that the state's argument that the admissibility of the Gang Activity Evidence is not governed by rule 404(b) may be more persuasive with respect to some of this testimony, particularly the status testimony. Nevertheless, we discuss it under rule 404(b) because a key part of the rule 404(b) examination is the balancing of its probative value against the danger of unfair prejudice required under rule 403, the evidentiary rule that the State asserts is more properly applicable. See supra 129.
. The jury also heard testimony by two investigating police officers who were not present during the altercation.