Error and/or relief
The matter is remanded to give the prosecution an opportunity to prove that the 2011 prior strike conviction alleged in the information remains a strike under the current version of section 186.22, criminal gang activity.
First Holding:
The defendant was convicted in 2011 of carrying a loaded firearm with an enhancement that the crime was committed for the benefit of a gang. A prior felony firearm conviction constitutes a strike if committed for the benefit of a criminal street gang pursuant to section 186.22(b)(1). Thus, the prior conviction was alleged as a strike, resulting in a doubled sentence.
Authority:
PEN 186.22
PEN 667(d)(1)
PEN 1192.7(c)(28)
People v. Briceno (2004) 34 Cal.4th 451, 456
Second Holding:
AB 333 (2021–2022 Reg. Sess.), effective January 1, 2022, amended section 186.22 to narrow the definition of benefit to mean to provide a common benefit to members of a gang where the common benefit is more than reputational. The amendment applies retroactively to cases that are not final on appeal to determine whether a prior violation of section 186.22 constitutes a strike or a five-year sentence enhancement. Current law applies in determining whether they qualify as prior serious felony convictions. The appropriate remedy is to remand to permit the prosecution the opportunity to establish that the prior conviction constitutes a strike under current law.
Authority:
PEN 186.22(g
People v. Fletcher (2025) 18 Cal.5th 576, 586–587