P. v. Estrada CA2/3
A jury convicted defendants and appellants Everardo Estrada and Carlos Flores of torture, first degree residential burglary, attempted kidnapping, assault with a deadly weapon, assault by means likely to produce great bodily injury, and home invasion robbery, with gang and great bodily injury enhancements. Appellants contend the evidence was insufficient to prove the torture count and the gang enhancements; the trial court committed evidentiary, instructional, and sentencing errors; and the prosecutor committed multiple instances of misconduct during argument. In supplemental briefing, they contend that Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333), effective January 1, 2022, applies retroactively to their case and requires reversal of the gang enhancements.
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