A153332 [Unpublished Opinion | Panel Attorney Janice Lagerlof] The Court of Appeal reversed (subject to retrial) the true finding on the criminal street gang enhancement in light of Assembly Bill No. 333 (2021-2022 Reg. Sess.), which, among other things, amended Penal Code section 186.22 by redefining key terms and requiring additional elements to establish a criminal street gang enhancement. The Court therefore remanded the matter and, upon remand, directed the trial court to also strike: the 75-year-to-life term (Pen. Code, § 667, subd. (e)(2)(A)(i)), finding that the Three Strikes Law excludes LWOP sentences from being doubled or tripled; (2) one of two five-year prior serious felony enhancements (Pen. Code, § 667, subd. (a)) because the convictions on which those enhancements rested were not brought and tried separately; (3) both of the three-year prior prison term enhancements (Pen. Code, § 667.5, subd. (a)), finding the same prior convictions cannot serve as the basis for both prior serious felony enhancements (§ 667) and the prior prison term enhancements (§ 667.5); and (4) the 45-year minimum parole eligibility term (Pen. Code, § 186.22, subdivision (b)(5)) because appellant was sentenced to life without parole. Finally, the court directed the trial court to determine whether to exercise its discretion and strike the firearm enhancement.
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