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Gang and Gun Enhancements Crumble under AB 333

People v. Ramos Docket: F080916 (Fifth Appellate District), Opinion Date: April 27, 2022. Defendant challenged his conviction for shooting at an occupied motor vehicle and the related firearm and gang enhancements. He argued that the Superior Court prejudicially erred in admitting evidence related to an uncharged offense and in imposing the firearm enhancement and gang enhancements. He further challenged the validity of the gang enhancement, firearm enhancement, and underlying conviction pursuant to Assembly Bill 333. He also asserted that his conviction for shooting at an occupied motor vehicle must be reversed and retried in a bifurcated proceeding under newly enacted section 1109. Finally, he challenged the imposition of a restitution fine and certain court assessments.

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