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Defendant Obtains Relief Under SB 136

People v. Vasquez Court: California Courts of Appeal, Docket: F078228 (Fifth Appellate District), Opinion Date: July 27, 2021. Defendants Vasquez and Carrillo's trial was trifurcated into three proceedings: in the first proceeding, a jury convicted defendants of first degree murder, and found the personal firearm use enhancement to be true as to both defendants; in the second proceeding, the jury found true the gang enhancement and the discharge of a firearm by a principal causing death enhancement as to both defendants; and in the third proceeding, the trial court found true the prior prison term allegations against Vasquez. In the published portion of the opinion, the Court of Appeal concluded that the prosecution was not required to show connection between the gang subsets. In this case, there is no violation of the sameness requirement because there was substantial evidence that the gang whose members Carrillo acted in association with, the gang whose members committed the predicate offenses, and the gang whose primary activities were established by expert testimony is one and the same: the broader Sureño gang. The court accepted the Attorney General's concession that Vasquez is entitled to relief under Senate Bill No. 136. Accordingly, the court modified the judgment as to Vasquez and affirmed. The court affirmed the judgment as to Carrillo.

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