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Modification: People v. Vasquez

Lower Court

Kern County Superior Court

Lower Court Judge

Kenneth C. Twisselman II

A gang enhancement did not require a showing that an umbrella gang and local subset were connected, because the umbrella gang alone satisfied the requirements.





Court

California Courts of Appeal 5DCA

Cite as

2022 DJDAR 1863

Published

Feb. 28, 2022

Filing Date

Feb. 24, 2022

Opinion Type

Modification

Disposition Type

Affirmed as Modified

Case Fully Briefed

Dec. 18, 2019


THE PEOPLE,

Plaintiff and Respondent,

v.

GUILLERMO VASQUEZ et al.,

Defendants and Appellants.

 

 

No. F078228

(Kern Super. Ct. No. BF167343A)

California Courts of Appeal

Fifth Appellate District

Filed February 24, 2022

 

 

Order Modifying Opinion and Denying Rehearing

[No Change in Judgment]

 

It is ordered that the opinion filed herein on February 9, 2022, be modified in the following particulars:

 

1. On page 10, the first sentence in footnote 9, is modified to read: "The Attorney General concedes that AB 333's amendments to section 186.22 apply retroactively to defendants."

 

There is no change in the judgment. Respondent's petition for rehearing is denied.

 

 

POOCHIGIAN, J.

 

WE CONCUR:

LEVY, Acting P. J.

DE SANTOS, J.

 

 

 

#278894

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