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Name: People v. Gonzalez (2024) 98 Cal.App.5th 1300
Case #: F084952
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/23/2024

Assembly Bill No. 333’s amendments to Penal Code section 186.22 did not change the status of defendant’s prior conviction as a strike. Defendant was found guilty of multiple firearm and drug offenses. The trial court sentenced him as a second strike offender after finding that he had been convicted in 2002 of felony possession of a firearm with a gang enhancement. On appeal, defendant argued that his prior conviction no longer qualified as a strike after AB 333’s amendments to section 186.22. Held: Affirmed. The Court of Appeal agreed with other cases holding that the plain language of the Three Strikes…

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Name: People v. Mitchell (2023) 97 Cal.App.5th 1127
Case #: F084489
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/15/2023

Following remand for resentencing, appellant was entitled to the retroactive benefits of Assembly Bill No. 333. Mitchell was convicted felony offenses (including being an active gang member) and the jury found numerous gang enhancements true. Pursuant to Mitchell’s prior appeal, which occurred before AB 333 became law, his case was remanded for resentencing. By the time of the resentencing hearing, AB 333, which amended the law regarding the substantive gang offense and enhancement, had become effective. The trial court expressed concern whether the new law should be applied, but found itself bound by the scope of the remittitur and concluded…

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Name: People v. Aguirre (2023) 96 Cal.App.5th 488
Case #: B323282
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/16/2023

A gang-enhanced felony committed before Assembly Bill No. 333’s effective date still qualifies as a prior serious felony within the meaning of the Three Strikes law. In 2022, defendant was charged with unlawful possession of a firearm, ammunition, and a machine gun. As to each charge it was alleged that defendant suffered a 2021 prior strike conviction for possessing a firearm for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Defendant moved to dismiss the prior strike allegations, contending his violation of section 186.22 no longer qualified as a serious felony conviction after the passage of AB 333,…

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Name: People v. Fletcher (2023) 92 Cal.App.5th 1374
Case #: E077553
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/30/2023

Assembly Bill No. 333 does not require reversing serious felony and strike priors premised on violations of Penal Code section 186.22. Defendants were convicted of several crimes stemming from a gang-related shooting, including active participation in a criminal street gang. Gang allegations, as well as serious felony and strike prior allegations, were also found true as to each defendant. On appeal, defendants argued that AB 333 required the court to reverse the true findings on their serious felony and strike priors that were based on a 2015 gang-related offense (unlawful possession of a firearm committed for the benefit of a…

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