People v. Cooper
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The Supreme Court reversed the judgment of the court of appeal affirming Defendant's gang enhancement and firearm enhancement and remanded this case to the superior court for a retrial, holding that a retrial was required.
After a trial, Defendant was convicted of first-degree murder with gang and firearm enhancements and a prior strike conviction. At issue on appeal was whether any of Defendant's sentencing enhancements must be vacated due to the legislature's amendment to the substantive offense of active participation in a criminal street gang as well as the sentencing enhancement available for a felony committed for the benefit of or with specific intent to promote criminal conduct by gang members because the jury in his case was instructed under the prior law. The Supreme Court remanded the case, holding that the failure to instruct that the alleged predicate offenses must have "commonly benefited" the gang in a "more than reputation" manner was not harmless beyond a reasonable doubt.
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