People v. Rodriguez Docket: F078864 (Fifth Appellate District), Opinion Date: March 1, 2022. Defendants Elijah and Michael Rodriguez, two brothers, were jointly tried and convicted of actively participating in a criminal street gang and gang-related, premeditated attempted murder plus attendant crimes and enhancements. The Court of Appeal concluded, and the People concede, that Assembly Bill 333 applies retroactively and requires the court to reverse the active participation

California v. Hall Docket: E072463A (Fourth Appellate District), Opinion Date: February 22, 2022. Defendant-appellant Elijah Hall was convicted by jury of six counts of robbery committed for the benefit of a criminal street gang and one count of active gang participation (all committed when he was 15 years old), and he received a sentence of 65 years to life in state prison. Hall appealed, and while his appeal was pending, Proposition 57 raised the minimum age a minor could b

People v. Sek Docket: B309003 (Second Appellate District), Opinion Date: February 1, 2022. Assembly Bill No. 333, which altered both the substantive and procedural law regarding gang enhancements under Penal Code section 186.22, applies retroactively in this case. Under the new law, in order to prove that the defendant committed a crime for the benefit of a criminal street gang, the prosecution must show that the benefit to the gang was "more than reputational." Here, the ins