P. v. Trevino CA5
A jury convicted appellant Andrew Steven Trevino of first degree murder (Pen. Code, § 187, subd. (a); count 1) for the shooting death of Alfonso Alvarado. The jury found true a special-circumstance allegation that this murder was committed while appellant was an active participant in a criminal street gang, and the murder was carried out to further the activities of the gang (§ 190.2, subd. (a)(22)). In count 1, the jury found true a gang enhancement and three firearm enhancements. Finally, the jury convicted appellant of active participation in a criminal street gang (§ 186.22, subd. (a); count 2). In part, appellant received a sentence of life without the possibility of parole.
Appellant raises a number of claims which we reject. However, one claim has partial merit. While this appeal was pending, the Legislature enacted Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Stats. 2021, ch. 699, §§ 1–5) (Assembly Bill 333), which went into effect on January 1, 2022.
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