Modification: People v. Velez

THE PEOPLE,

Plaintiff and Respondent,

v.

CHRISTOPHER ALEXANDER VELEZ,

Defendant and Appellant.

No. F081839

(Super. Ct. No. DF013807D)

California Court of Appeal

Fifth Appellate District

Filed December 14, 2022

Order Modifying Opinion

[No Change in Judgment]

THE COURT:

It is ordered that the partially published opinion filed herein on December 2, 2022, be modified in the following particulars:

1, On page 3, the first full paragraph beginning with "Christopher makes the following contentions" is deleted and the following paragraph is inserted in its place:

"Christopher makes the following contentions on appeal: (1) the trial court erroneously denied his motion to bifurcate the gang charges and the gang enhancement allegations; (2) the prosecution's expert witness improperly opined that he intended for the victim to be shot; (3) the evidence did not support his misdemeanor unlawful driving or taking of a vehicle without the owner's consent conviction; (4) section 1109 applies retroactively and requires all convictions and enhancements be reversed; (5) amended section 186.22 applies retroactively and requires all gang-related convictions and enhancements be reversed; (6) the court failed to instruct the jury on the elements of carrying a loaded firearm in public as an active participant in a criminal street gang; (7) he was improperly convicted of both carrying a loaded firearm in public as an active participant in a criminal street gang and the necessarily included offense of active participation in a criminal street gang; (8) the court imposed an unauthorized sentence on count 1; (9) Bruen rendered unconstitutional California's licensing scheme (§ 26150 et seq.) and---by extension---section 25850, which criminalizes carrying a loaded firearm in public; and (10) the cumulative effect of the aforementioned errors deprived him of due process."

There is no change in the judgment.

DETJEN, J.

WE CONCUR:

POOCHIGIAN, Acting P. J.

DE SANTOS, J