P. v. Nunez CA5
Defendant Victor Nunez (defendant) shot and killed an individual shortly after the individual had an altercation with a fellow member of defendant’s gang, codefendant Fernando Rojas. He was convicted of several crimes in connection with the incident, including first degree murder with the gang-murder special circumstance.
The Attorney General concedes that, as a result of the passage of Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333), defendant’s conviction for active gang participation and his gang enhancement must be reversed. We accept that concession.
We further conclude the court erred in denying defendant’s Pitchess motion as to several law enforcement officers who testified at trial. We will conditionally reverse pursuant to the procedure outlined in People v. Hustead (1999) 74 Cal.App.4th 410, 418–419.
Defendant’s eventual resentencing moots his challenge to a parole revocation fine imposed by the court.
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