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More Gang Enhancements Reversed

People v. Rodriguez Docket: F078864 (Fifth Appellate District), Opinion Date: March 1, 2022. Defendants Elijah and Michael Rodriguez, two brothers, were jointly tried and convicted of actively participating in a criminal street gang and gang-related, premeditated attempted murder plus attendant crimes and enhancements. The Court of Appeal concluded, and the People concede, that Assembly Bill 333 applies retroactively and requires the court to reverse the active participation gang crime and the gang-related crime findings. The court also found merit in two of Elijah's evidentiary claims, and concluded that the record in his case insufficiently proved his precise role in the crime, substantially undermining the personal infliction and personal use enhancements. The court concluded that defendants' remaining claims lacked merit. The court reversed the conviction in count 4; vacated the section 186.22, subdivision (b), enhancements on all counts; struck Elijah's section 12022.5 and section 12022.7 enhancements; and affirmed the remaining convictions and findings. #AB333 #gangenhancements

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