People v. Watts
Annotate this CaseDefendant was convicted of murder and the jury found that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang. The Court of Appeal held that the trial court employed the incorrect test when reviewing defendant's new trial motion with respect to the gang enhancement allegation and thus reversed as to this issue. The court held that the case must be remanded so that the trial court could exercise its newly ripe discretion under Penal Code section 12022.53, subdivision (h), and determine whether any of the imposed firearm enhancements should be stricken. The court affirmed in all other respects.
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