Gang Enhancement

Name: Rodas-Gramajo v. Superior Court (2023) 92 Cal.App.5th 656
Case #: A166375
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/15/2023
  • Categories: AB 333 (Gangs), Gang Enhancement, Motions Dismiss/Strike, Preliminary Hearings

A motion to set aside the information (Pen. Code, § 995) was the appropriate vehicle to challenge a gang enhancement allegation where the statute was amended by Assembly Bill No. 333 after the preliminary hearing. Petitioner was charged with various…

View Full Summary
Name: People v. Campbell (2023) 92 Cal.App.5th 1327
Case #: A162472, A162488, A162623, A163277
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/30/2023
  • Categories: AB 333 (Gangs), Gang Enhancement, Gang Murder Special Circumstance, Prima Facie Stage, SB 1437

Trial court erred by denying defendants’ Penal Code section 1172.6 petitions at the prima facie stage based on the jury’s intent to kill findings in the special circumstances verdicts. Anthony, Campbell, Flowers, and Price were convicted of first degree murder…

View Full Summary
Name: People v. Gobert (2023) 89 Cal.App.5th 676
Case #: D080018
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/22/2023
  • Categories: Evidence, Gang Enhancement, Hearsay

Trial court committed harmless error by allowing the prosecution to introduce hearsay evidence of prior domestic violence incidents. Gobert was convicted of the second degree murder of his girlfriend. During trial, the court allowed the prosecution to admit statements the…

View Full Summary
Name: People v. Scott (2023) 91 Cal.App.5th 1176
Case #: E078721
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/24/2023
  • Categories: AB 333 (Gangs), Gang Enhancement

Because defendant’s 2009 prior was a strike on the date of the conviction, it remains a strike, regardless of Assembly Bill No. 333’s amendments to Penal Code section 186.22. Defendant was convicted of voluntary manslaughter, with various enhancements. He admitted…

View Full Summary
Name: Mendoza v. Superior Court (2023) 91 Cal.App.5th 42
Case #: F084354
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/03/2023
  • Categories: AB 333 (Gangs), Gang Enhancement, Legislation, Preliminary Hearings, Procedural Requirements, Retroactivity/Abatement, Statutory Construction

Assembly Bill No. 333’s changes to the elements of gang-related charges apply retroactively to preliminary hearing proceedings. Mendoza sought a writ of mandamus after the superior court denied his Penal Code section 995 motion to dismiss a charge for active…

View Full Summary