P. v. Guillen CA5
Following a jury trial, defendant Steven Guillen, was found guilty of attempted voluntary manslaughter. The same jury also found true allegations he committed the crime to benefit a street gang, caused great bodily injury, and personally used a deadly weapon. In his appeal, defendant initially challenged the evidence supporting the conclusion the crime was committed for the benefit of a street gang. Defendant also challenged the use of a prior prison term enhancement and various fines and fees imposed by the court. Due to recent legislative changes, defendant now contends he is entitled to a new trial on the street gang enhancement and a new sentence. The Attorney General agrees these changes require defendant be retried and resentenced, and we agree. We, therefore, vacate the sentence imposed and remand for further proceedings.
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