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.
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