Aug. 5, 2022 – People v. Lopez (5th Dist., F076295)

The Court of Appeal holds that AB 333’s amendments to PC 186.22 also apply to PC 182.5 (gang conspiracy statute) such that defendant’s conviction for conspiracy must be reversed. Though PC 182.5 was enacted by Prop 21, AB 333 does not unconstitutionally amend the proposition because Prop 21 incorporated PC 186.22’s pre-existing definitions of “criminal street gang” and “pattern of criminal gang activity” without change. Prop 21 also did not “freeze” the definition of these terms.

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