May 2, 2022 – People v. Perez (2nd Dist., Div. 3, B300396)

On direct appeal from a multi-defendant jury trial, the Court of Appeal reverses defendants’ attempted murder convictions because the jury was instructed on the NPC doctrine, which was invalidated by SB 775. The court also holds that AB 333’s amendments to PC 186.22 are retroactive under Estrada and require reversal of defendants’ gang enhancements. However, the court holds that AB 333’s addition of PC 1109 is not retroactive under Estrada, because “although [PC 1109] is designed to minimize the prejudicial impact of gang evidence, it does not reduce the punishment or narrow the scope of . . . the gang statute.”