Error and/or relief
In this appeal from the defendant’s resentencing under Penal Code section 1172.75, we must remand the case for the court to consider the continuing validity of his gang enhancements after AB 333.
First Holding:
The defendant was entitled to have the court consider the changes made to section 186.22 by AB 333, which apply retroactively to his case, because his conviction was not yet final. The ameliorative changes to the gang statute made by AB 333 apply to cases in which sentencing issues remain pending before the superior court following remand. The superior court here did not have the opportunity to consider whether the defendant met the revised requirements for determining whether his gang constituted a criminal street gang, whether it engaged in ‘a pattern of criminal gang activity’, or whether the defendant’s actions were for the common benefit to members of a gang. Accordingly, we remand the matter to allow for that consideration.
Authority:
People v. Lopez (2025) 17 Cal.5th 388, 392