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Gang Enhancements Struck: Requires Proof of Additional Elements

People v. Vasquez Docket: F078228A (Fifth Appellate District), Opinion Date: February 9, 2022. A jury convicted Vasquez and Carrillo of first-degree murder and found personal firearm use enhancements to be true as to both defendants and separately found true gang enhancements and discharge of a firearm by a principal causing death enhancements as to both defendants. The court found true prior prison term allegations against Vasquez, sentenced Vasquez to 25 years to life in prison, plus 25 years to life, plus three years, and sentenced Carrillo to 25 years to life, plus 25 years to life. In 2021, the judgment was modified to strike the enhancements imposed on Vasquez but was otherwise affirmed. The Supreme Court vacated and remanded for reconsideration in light of Assembly Bill 333. Effective January 1, 2022, AB 333 amends Penal Code 186.22 to require proof of additional elements to establish a gang enhancement and redefines “pattern of criminal gang activity” to require that the last of the predicate offenses “occurred within three years of the prior offense and within three years of the date the current offense is alleged to have been committed,” and that the predicate offenses “were committed on separate occasions or by two or more members, the offenses commonly benefited a criminal street gang, and the common benefit of the offenses is more than reputational.” On remand, the court of appeal struck the gang enhancement under Penal Code 186.22. The prosecution may elect to retry the firearm and/or gang enhancements. #gangenhancements #enhancementsreversed

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