P. v. Aquino CA4/3
Alfredo Miguel Aquino 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 gun and street gang enhancements. Aquino argues insufficient evidence supports counts 3 and 4, and the trial court erred by refusing to strike his strike conviction and the minimum parole eligibility enhancement.
While this appeal was pending, Aquino moved for permission to file a supplemental opening brief on the question of whether legislation effective on January 1, 2022, including Assembly Bill No. 333’s (AB 333) amendments to the gang statute, applies retroactively and, if so, their effect on this case. We granted the motion, accepted for filing his supplemental opening brief, and invited the Attorney General to file a supplemental respondent’s brief, which he did.
We agree insufficient evidence supports counts 3 and 4.
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