P. v. Contreras CA1/3
Defendant Ignacio Contreras pleaded no contest to assault and felony vandalism — the latter committed to promote criminal conduct by gang members. (Pen. Code, § 186.22, subd. (b)(1).) During Contreras’s sentencing, the trial court ordered him to register with local law enforcement as a gang member. It also reserved jurisdiction over restitution to Contreras’s victims, in an amount to be determined.
On appeal, Contreras argues his victims did not report any damages by the time of his sentencing, and the trial court thus erroneously reserved jurisdiction on the restitution amount. He also argues Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill No. 333) — recently enacted legislation amending the substantive and procedural requirements regarding gang enhancements — eliminated gang enhancements for felony vandalism convictions, and we must strike his enhancement and registration. (Stats. 2021, ch. 699, § 3, eff. Jan. 1, 2022.) We disagree and affirm.
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