P. v. Perez
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Three men ("Defendants") were involved in a fistfight. During the fracas, one of the Defendants ("the Shooter") retrieved a gun. The Shooter missed his intended target, but several passing vehicles, including a young child. All three Defendants were charged with attempted premeditated murder and shooting at an occupied motor vehicle. All charges contained a gang enhancement under Sec. 186.22. The jury convicted all Defendants of two counts of attempted murder and several counts of shooting at an occupied motor vehicle. The jury also found the gang enhancements to be true.
In a May 2, 2022 opinion, the Second Appellate District reversed all Defendants' gang enhancements, remanding for further proceedings. The court held that Senate Bill 333 provides a new framework for determining the applicability of the enhancement. The court affirmed the Shooter's convictions for attempted premeditated murder but reversed the other Defendant's convictions for the same. The court held that the evolving standard of aiding and abetting liability requires a retrial on these charges. The court also affirmed the non-shooting Defendant's convictions for shooting at an occupied motor vehicle.
The Second Appellate District released a modified opinion replacing the court's May 22, 2022 opinion. In its modified opinion, court removed certain directives to the trial court regarding the restructuring of Defendants' sentences.
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