Defendant Receives Prop. 57 & AB 333 Relief
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 be tried as an adult in criminal court from 14 to 16. Following the procedure approved in California v. Superior Court (Lara) 4 Cal.5th 299 (2018), the trial judge recalled Hall’s sentence and transferred his case to juvenile court, where the judge “treat[ed the] convictions as juvenile adjudications” and held a hearing to impose an appropriate disposition. After Hall was transferred to the Department of Juvenile Justice, he informed the Court of Appeal he wished to proceed with his appeal, which was reinstated as an appeal of a judgment in a juvenile criminal proceeding. Hall raised two challenges to the criminal trial on which his juvenile adjudications were based: (1) the trial judge violated his due process rights by instructing the jury with CALCRIM No. 315, which covered eyewitness identification evidence and tells the jury to consider, among other factors, the witness’s level of certainty when making the identification; and (2) Assembly Bill No. 333 (2021–2022 Reg. Sess.) required reversal of the true findings on the substantive gang offense and enhancements because the new law increased the proof requirements under the gang statute (Pen. Code 186.22). The Court of Appeal rejected Defendant's first argument under California v. Lemcke, 11 Cal.5th 644 (2021), in which the Supreme Court held that CALCRIM No. 315’s certainty factor did not violate due process. The Court agreed with Defendant's second argument, and remanded the case to give the State an opportunity to retry the substantive charge and enhancement allegations under Assembly Bill 333’s new requirements in a juvenile criminal proceeding, and impose a new disposition in Hall’s case - either at the conclusion of retrial or upon the State's election not to retry him. Judgment was affirmed in all other respects. #ab333 #gangenhancements #prop57
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