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Gang Enhancements Reversed

People v. Perez Docket: B300396 (Second Appellate District), Opinion Date: May 2, 2022. Three men ("Defendants") were involved in a fistfight. During the fracas, one of the Defendants ("the Shooter") retrieved a gun. The Shooter missed his intended target, but several passing vehicles, including a young child. All three Defendants were charged with attempted premeditated murder and shooting at an occupied motor vehicle. All charges contained a gang enhancement under Sec. 186.22. The jury convicted all Defendants of two counts of attempted murder and several counts of shooting at an occupied motor vehicle. The jury also found the gang enhancements to be true.

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