Appellant was convicted by jury in 2013 of, among other offenses, active participation in a criminal street gang with true findings on a gang enhancement and a gang-related prior serious felony and strike conviction. He was resentenced pursuant to Penal Code section 1172.75 in 2024; the resentencing court struck appellant’s prison prior enhancement, but otherwise left the sentence intact. The Court of Appeal agreed with the parties that Assembly Bill No. 333 (2021−2022 Reg. Sess.) applies retroactively to the substantive gang offense conviction and all the gang-related allegations. The court vacated the resentencing order, reversed the substantive gang offense conviction, and vacated the findings on the gang enhancement, prior serious felony, and strike prior. On remand, the prosecution may retry all the gang-related allegations under the new law.
Panel Victories
