People v. Cadenaz-Lopez CA3

BACKGROUND

In 2016, Cadenaz-Lopez, codefendant Ricky Gomez Hernandez, and an accomplice minor committed a series of armed robberies. (People v. Hernandez et al. (Sept. 30, 2022, C088237) [nonpub. opn.].) The jury found Cadenaz-Lopez guilty of five counts of participation in a criminal street gang (§ 186.22, subds. (a), (b)(1)), five counts of second-degree robbery (§§ 211, 212.5, subd. (c)), three counts of attempted robbery (§§ 21a, 211, 212.5, subd. (c), 213, subd. (b)), two counts of carrying a concealed and loaded/stolen firearm in a vehicle (§ 25400, subds. (a)(1), (c)(2) & (6)), one count of attempted assault with a firearm (§§ 21a, 245, subd. (a)(2)), one count of conspiracy to commit robbery (§ 182, subd. (a)(1)), and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). The jury also found true several gang enhancements (§ 186.22, subd. (b)(1)) and firearm enhancements (§§ 12022.53, subds. (b), (e)(1), 12022, subd. (a)(1)).

1 Undesignated statutory references are to the Penal Code.

2 On appeal, this court reversed the gang participation convictions, vacated the gang-related enhancements, and remanded the case for retrial on all but one of those…