May 25, 2023 – People v. Cooper (Supreme Ct., S273134)

While appellant’s appeal was pending, AB 333 amended PC 186.22’s definition of a “criminal street gang” to require proof that the alleged predicate offenses must have “commonly benefited” the gang in a “more than reputational” manner. The Supreme Court vacates appellant’s gang and firearm enhancements, finding that the absence of a jury instruction on this new requirement was not harmless beyond a reasonable doubt. The court reasons that the jury could have concluded that the predicate offenses, each of which was committed by an individual gang member, were committed for personal gain.