Rodas-Gramajo v. Superior Court
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The Court of Appeal denied a writ of mandate sought by Petitioner to compel the superior court to dismiss the allegation that he committed various crimes "for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members," holding that Petitioner was not entitled to the writ.
While Petitioner awaited trial, the Legislature enacted Assembly Bill No. 333 altering the requirements for imposing the gang enhancement by altering the proof necessary to establish the existence of a criminal street gang. Thereafter, Petitioner moved to dismiss the gang allegation against him. The trial court denied the motion and, instead, reopened the preliminary hearing to allow the People to offer additional evidence to satisfy the new gang enhancement statute. The Court of Appeal denied Petitioner's mandamus petition, holding that the trial court did not abuse its discretion by reopening the preliminary hearing to permit the People to address the amended gang enhancement elements because the defects in the evidence were minor errors of omission under section 995a.
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