The Court of Appeal agreed with the parties that Assembly Bill No. 333, which amended Penal Code section 186.22 and added section 1109, requires reversal of the appellant’s gang enhancement. Additionally, Assembly Bill No. 1869, which amended the Penal Code by adding section 1465.9, requires the court to vacate the fee imposed under section 1203.1b. Upon remand, the People have the opportunity to retry the gang enhancement in conformance with the current law.
Name: People v. Solorio
Case #: F083181
Opinion Date: 02/24/2023
Attorney: Sharon G. Wrubel
Summary