Jul. 25, 2023 – People v. Lopez (4th Dist., Div. 2, E080032)

Defendant’s original direct appeal in 2020 resulted in a reversal for resentencing under SB 620 and SB 1393. On remand in 2022, the trial court struck a prior serious felony enhancement pursuant to SB 1393 but refused to consider defendant’s argument that there was insufficient evidence to support one of his gang enhancements in light of AB 333. In a 2-1 decision, the Court of Appeal affirms, reasoning that because it “had reversed solely with respect to the sentence and directed the trial court to resentence defendant, the trial court did not have jurisdiction to reconsider the gang enhancement.”