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Gang & Firearm Enhancements Struck by 2nd Appellate Court

People v. Sek Docket: B309003 (Second Appellate District), Opinion Date: February 1, 2022. Assembly Bill No. 333, which altered both the substantive and procedural law regarding gang enhancements under Penal Code section 186.22, applies retroactively in this case. Under the new law, in order to prove that the defendant committed a crime for the benefit of a criminal street gang, the prosecution must show that the benefit to the gang was "more than reputational." Here, the instructional error on this issue was not harmless under the Chapman standard. Accordingly, the Court of Appeal struck the gang and firearm enhancements in all counts; reversed the finding in count 2 that the offense of shooting at an occupied vehicle was committed for the benefit of a criminal street gang; and affirmed in all other respects. #gangenhancements #ab333 #firearmenhancements

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