Ruling by
Marsha G. SloughLower Court
Riverside County Superior CourtLower Court Judge
Russell L. Moore Jr.Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt.
Court
California Courts of Appeal 4DCA/2Cite as
2022 DJDAR 1976Published
Mar. 2, 2022Filing Date
Mar. 1, 2022Opinion Type
ModificationDisposition Type
Affirmed (in part)Case Fully Briefed
Nov. 3, 2020THE PEOPLE,
Plaintiff and Respondent,
v.
E.H. et al.,
Defendants and Appellants.
No. E072463
California Court of Appeal
Fourth Appellate District
Division Two
Filed March 1, 2022
(Super.Ct.Nos. INF1500253 & INF1500502)
The County of Riverside
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT
We GRANT the request to modify our opinion and ORDER that the opinion filed on February 22, 2022, including its caption, be modified by removing any reference to the full or partial names of the appellants and defendants, and replacing those references with their initials, E.H. and A.T. where appropriate.
On page 5, the last sentence before subsection "C," should be revised to read: "The prosecution played this recording for the jury, and E.H.'s first name can be heard a number of times."
Except for the modification, which doesn't affect the judgment, the opinion is unchanged.
CERTIFIED FOR PUBLICATION
SLOUGH
J.
We concur:
McKINSTER
Acting P. J.
MENETREZ
J.
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