Error and/or relief
The evidence is insufficient to support an enhancement based on a finding that the crimes were committed for the benefit of a criminal street gang. Imposition of a restitution fine is now precluded by subsequent legislation. We modify the judgment to strike the gang enhancement and vacate the restitution fine.
First Holding:
Effective January 1, 2022, section 186.22 was amended by AB 333, significantly narrowing the circumstances in which the enhancement would apply. As amended, the statute now requires, among other things, that the two predicate offenses necessary to establish a pattern of criminal gang activity must each have been committed within a specified date range by two or more gang members for the common benefit of the gang, and this benefit must have been more than reputational. Here, the evidence of predicate offenses offered by the prosecution showed three possible crimes, two of which were committed by a single gang member without anything to indicate a value to the gang that was more than reputational. This is insufficient to establish a basis for the gang enhancement as amended by AB 333
Authority:
People v. Clark (2024) 15 Cal.5th 743, 752–753
Second Holding:
Effective January 1, 2025, Welfare and Institutions Code section 730.6 now prohibits imposition of restitution fines on juvenile offenders. This provision is retroactive. We therefore vacate the $100 restitution fine.
Authority:
In re Estrada (1965) 63 Cal.2d 740
People v. Superior Court (Lara) (2018) 4 Cal.5th 299, 308