P. v. Enriquez CA5
Ramiro Enriquez, Rene Gutierrez, Jr., and Gabriel Ramos were jointly tried and convicted of active participation in a criminal street gang under Penal Code section 186.22, subdivision (a). Enriquez and Gutierrez were also convicted of attempted murder and assault with a firearm, and those crimes were found to be gang related within the meaning of section 186.22, subdivision (b). In a prior opinion, we affirmed the judgments of conviction in full. (People v. Enriquez (Jan. 30, 2015, F065288, F065481, F065984) [nonpub. opn.] (Enriquez).) The matter returns to us following a reversal by the California Supreme Court for structural error, namely, the erroneous denial of a “Batson/Wheeler motion.” (People v. Gutierrez (2017) 2 Cal.5th 1150, 1154.) The high court’s disposition states: “We reverse the judgment of the Court of Appeal and remand for further proceedings consistent with this opinion.” (Id. at p. 1175.)
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