P. v. Ogura CA2/6
A trial judge resentences under Penal Code section 1170.95, subdivision (e). The target offense was not charged. The trial court has discretion to resentence on an offense not charged that reflects the culpability of the defendant. We reverse and remand for a retrial on section 186.22, a gang enhancement. In all other respects, we affirm.
Comments on P. v. Ogura CA2/6