P. v. Cruz CA4/3
Ricardo Cruz appeals from a judgment after a jury convicted him of second degree murder (count 1), the gang offense (count 2), possession of a firearm by a felon (count 3), and possession of a firearm in a school zone (count 4), and found true gang and firearm enhancements. Cruz argues insufficient evidence supports his convictions, the trial court erred by admitting evidence, his equal protections rights were violated, the court erred in sentencing him, and the abstracts of judgment much be corrected.
While this appeal was pending, we invited the parties to file supplemental briefs on whether legislation effective on January 1, 2022, applies retroactively and, if so, their effect on this case. Because we conclude, as does the Attorney General, the recent legislation applies retroactively, insufficient evidence supports count 2 and the gang enhancements. Our conclusion requires we strike the 15-year minimum parole eligibility period.
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