Dain

Filed 10/15/25; On remand

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Appellant,

A168286

v. YACOB DAIN, (Sonoma County Super. Ct. No. SCR-709053-1) Defendant and Respondent.

In 2019 a jury found defendant Yacob Dain guilty of home invasion robbery, kidnapping, assault with a firearm, and additional offenses, and the trial court found true the allegations that he had two prior convictions for active gang participation that qualified as strikes under the Three Strikes law and as serious felony convictions under Penal Code section 667, subdivision (a) (section 667(a)). Dain appealed, and we reversed the prior conviction findings and remanded to permit the prosecution to retry the prior conviction allegations under the current understanding of the gang participation offense. (People v. Dain (Dec. 21, 2021, A157756) 2021 WL 6031474 [nonpub opn.] (Dain I).) On remand, the prosecution chose to retry only one of the prior convictions, which was again found to be a strike and a serious felony conviction. The trial court then granted defendant’s Romero1

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