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 2757Published
Mar. 22, 2022Filing Date
Mar. 18, 2022Opinion Type
ModificationDisposition Type
Reversed and RemandedCase Fully Briefed
Nov. 2, 2020THE PEOPLE,
Plaintiff and Respondent,
v.
E.H. et al.,
Defendants and Appellants.
No. E072463
(Super.Ct.Nos. INF1500253 &
INF1500502)
The County of Riverside
California Court of Appeal
Fourth Appellate District
Division Two
Filed March 18, 2022
ORDER MODIFYING OPINION
AND DENYING PETITION FOR
REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT
The petition for rehearing is denied. The opinion filed on February 22, 2022 and modified on March 1, 2022, is modified as follows:
On page 13, first paragraph, eliminate the sentence starting with "In other words," as well as the citation that follows.
On page 16, last paragraph, delete the second and third sentences and replace with the following sentence: "First, the People did not prove that the predicate offenses commonly benefitted Barrio Dream Homes."
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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