P. v. Ruiz CA6
After a jury trial, defendant Alonso Ruiz was found guilty of making criminal threats and actively participating in a criminal street gang. In an earlier appeal, we held that the trial court violated the Sixth Amendment by admitting testimonial hearsay statements offered by the prosecution’s gang expert, contrary to People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez). We found the error nonprejudicial, however, and therefore affirmed the judgment.
After our opinion was filed on September 14, 2018, the Governor signed Senate Bill 1393, which removed a restriction on a trial court’s ability to strike Penal Code section 667, subdivision (a) prior serious felony enhancements. (Stats. 2018, ch. 1013, §§ 1-2.) The bill became effective on January 1, 2019. Defendant petitioned for review of our decision and sought a remand for the trial court to exercise its discretion to strike the serious felony enhancement previously imposed. The Supreme Court granted review and transferred th
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