The Court of Appeal agreed with appellant’s argument that the true findings on his two prior strike convictions must be reversed. The court agreed that the 2014 strike prior, based on a conviction for possession of a short barreled rifle with a gang enhancement, no longer qualifies as a strike under People v. Fletcher (2025) 18 Cal.5th 576, which held that the amendments to the gang statutes made by Assembly Bill 333 apply retroactively to strike allegations. The court also agreed that there was insufficient evidence to support the true finding on the 2010 strike prior for grossly negligent discharge of a firearm, because the People failed to prove appellant personally used the firearm. The Court of Appeal reversed the true findings and remanded for further proceedings.
