Jun. 15, 2023 – Rodas-Gramajo v. Superior Court (1st Dist., Div. 3, A166375)

The Court of Appeal holds that a motion to set aside the information (PC 995) is the appropriate procedure to challenge a holding order for a gang enhancement under PC 186.22(b)(1) where the statute was amended after the preliminary hearing by AB 333, and the evidence presented at the hearing was insufficient to support the enhancement under the statute as amended. The court further holds, however, that because the defects in the evidence were minor errors of omission, the trial court properly allowed the prosecution to reopen the hearing under PC 995a and present additional evidence.