P. v. Caudillo CA3
The California Supreme Court transferred this case to us with directions to vacate our decision and reconsider the cause in light of People v. Superior Court (Lara) (2018) 4 Cal.5th 299 (Lara). Pursuant to the Supreme Court’s directions, we conditionally reverse defendants’ convictions and sentences and remand the case to the juvenile court for a determination of defendants’ fitness for treatment within the juvenile justice system. (Welf. & Inst. Code, § 707.)
Defendants Raymond Caudillo III and Eladio Tena, both age 17 at the time of the offenses and Norteño gang members, assaulted a mail carrier, breaking his cheekbone in three places. A jury found defendants guilty of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4), count 1), battery with serious bodily injury (§ 243, subd. (d), count 2), and active participation in a criminal street gang (§ 186.22, subd. (a), count 5). The jury also found true gang enhancements (§ 186.22,
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