P. v. Rivera CA2/4
A jury convicted appellant Jose Rivera of multiple counts of conspiracy to commit assault, extortion, and murder, as well as assault, based on his role as a facilitator for the Mexican Mafia. The jury also found true gang enhancement allegations as to each count. On appeal, he argued that there was insufficient evidence to support his conviction on one count of conspiracy to commit assault. In an opinion filed November 9, 2021, we affirmed the conviction. The Supreme Court subsequently denied appellant’s petition for review.
While appellant’s appeal was pending, the Legislature passed Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Stats. 2021, ch. 699) (AB 333), amending Penal Code section 186.22 to require proof of additional elements for gang enhancement allegations. At appellant’s request, we vacated our prior opinion and permitted supplemental briefing on the applicability of AB 333 to his conviction.
Comments on P. v. Rivera CA2/4