P. v. Alfaro CA2/3
A jury found Dario Alfaro guilty of willful, deliberate, and premeditated attempted murder with true findings on gang and principal gun use allegations. He appealed, contending there was insufficient evidence to support the premeditation finding and that the jury was misinstructed on that issue. After we filed an opinion rejecting those contentions and affirming the judgment, Assembly Bill Nos. 333 (2021–2022 Reg. Sess.) (Stats.2021, ch. 699) and 518 (2021–2022 Reg. Sess.) (Stats.2021, ch. 441) took effect. Assembly Bill No. 333 amended the gang enhancement statute, Penal Code section 186.22, while Assembly Bill No. 518 amended section 654. Alfaro filed a petition for rehearing raising those new laws, we granted the petition, and we now find that he is entitled to the benefit of those new laws. Accordingly, we remand the matter.
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