The Court of Appeal agreed with the parties that the appellant’s gang enhancements must be reversed pursuant to People v. Renteria (2022) 13 Cal.5th 951. The evidence was insufficient to show that the appellant had knowledge of the criminal activities of the members of his gang, and no evidence was presented to suggest he specifically intended to promote criminal activities by the gang’s members. The matter was remanded for resentencing without permission for the prosecution to retry the gang allegations.
Name: Insufficiency/Sufficiency of
Case #: F082925
Opinion Date: 07/06/2023
Attorney: David L. Polsky