Lopez

Anthony Lopez petitioned us for a stay of his jury trial and a writ of prohibition/mandate on several grounds. We denied his requests summarily, but the California Supreme Court granted review of the case, transferring the matter back to us with directions “to vacate [our] order denying the petition for writ. . . and to issue an alternative writ with respect to petitioner’s demurrer to the sentencing allegation under Penal Code section 186.22, subdivision (d)[ ] (see People v. Briceno (2004) 34 Cal.4th 451 [ 20 Cal.Rptr.3d 418 , 99 P.3d 1007 ]; People v. Arroyas (2002) 96 Cal.App.4th 1439 [ 118 Cal.Rptr.2d 380 ]).” (Italics added.) We issued the alternative writ, but the respondent court chose not to comply with the directive. After giving the parties the opportunity to fully brief and argue the matter, we now order the writ be issued.

FACTS

Anthony Lopez was arrested for allegedly being in the company of Santa Nita criminal street gang (SNG) members after 10:00 p.m. while possessing open containers of alcohol, actions which violated three terms of a court injunction issued to “abate the public nuisance” of SNG conduct. An indictment issued, charging Lopez with three…