Opinion
S275746
02-22-2024
PEOPLE v. CLARK (KEJUAN DARCELL)
E075532 Fourth Appellate District, Div. 2
Opinion filed: Judgment reversed
We reverse the judgment of the Court of Appeal as to Clark's gang enhancement, with instructions to remand to the superior court for further proceedings consistent with this opinion. The People are free on remand to offer additional evidence to satisfy the newly enacted requirements of section 186.22. (See People v. Cooper, supra, 14 Cal.5th at p. 746 [reversing the pre-Assem. Bill 333 gang enhancement for insufficient proof and recognizing authority entitling the People to retry the affected charges on remand].)
Majority Opinion by Kruger, J.
-- joined by Guerrero, C. J., Corrigan, Liu, Groban, Jenkins, and Evans, JJ.