The Court of Appeal held that appellants’ gang enhancements must be reversed and vacated based on AB 333’s amendments to PC 186.22. Upon remand, the prosecutor can elect whether to retry the enhancements under the amended law. The Court further held that the case must be remanded so that the trial court can decide whether to exercise its discretion to strike the section 12022.53 firearm enhancement pursuant to section 1385 or consider imposing a lesser enhancement in accordance with People v. Tirado (2022) 12 Cal.5th 688.
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