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Gang & Firearm Enhancements Reversed

People v. Lewis Docket: F082553 (Fifth Appellate District), Opinion Date: December 7, 2022. Defendant was charged with a slew of crimes largely in connection with a casino robbery he carried out alongside fellow gang members. In the published portion of this opinion, the Fifth Circuit rejected Defendant’s claim that trial courts have discretion to impose punishment under Penal Code section 12022.5, subdivision (a)1 in lieu of a section 12022.53 enhancement found true by the jury. Specifically the court held that Defendant’s convictions on counts 21, 26, and 28; the gang enhancements (Section 186.22) to counts 1 through 7, 9 through 14, 16 through 19, 23 through 24, and 27; and the gang firearm enhancements (Section 12022.53) to counts 1 through 4 are all reversed. The matter is remanded for a possible retrial of these counts and/or enhancements. The court also concluded any arguments arising under newly enacted sentencing legislation should be raised in the trial court in the first instance on remand.


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