In an appeal from a resentencing pursuant to a CDCR recommendation for recall and resentencing under former PC 1170(d)(1) (now PC 1172.1), the Court of Appeal holds that once appellant was resentenced, his criminal judgment was no longer final, and he was thus entitled to the retroactive benefit of AB 333. The court reverses appellant’s conviction for active participation in a criminal street gang (PC 186.22(a)), vacates the jury’s true findings on the gang enhancements (PC 186.22(b)(1)), and remands to afford the prosecution the opportunity for retrial on the gang offense and enhancements.
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