P. v. Hoffman CA3
Defendant Tyler Shawn Hoffman appeals from a judgment after a jury found him guilty of carrying a concealed, loaded, and unregistered firearm in a vehicle (Pen. Code, § 25400, subds. (a)(1) & (c)(6)—count one) and carrying a loaded and unregistered firearm in public (§ 25850, subds. (a) & (c)(6)—count two), and found true gang enhancements (§ 186.22, subd. (b)(1)) as to both counts. On appeal, defendant contends the jury’s true findings on the gang enhancements must be reversed because the trial court erroneously admitted “inflammatory” rap lyrics that were found in his jail cell. Alternatively, he contends the gang enhancements must be vacated and the matter remanded for retrial due to statutory changes made by recently enacted Assembly Bill No. 333 (2021-2022 Reg. Sess.) (Assembly Bill 333) (Stats. 2021, ch. 699, § 3).
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