People v. Casillas CA2/7

INTRODUCTION

A jury convicted Francisco Javier Casillas of three counts of attempted premeditated murder, three counts of assault with a semiautomatic firearm and one count of carrying a loaded firearm while an active gang member. The jury also found true the allegations supporting firearm and gang enhancements. Casillas appealed, asserting instructional, sentencing and cumulative errors. During the pendency of his appeal, the Legislature amended various statutory provisions governing gang enhancements and the requisite proof for gang-related crimes. The parties agree Casillas is entitled to the retroactive benefit of certain of these changes, necessitating the vacatur of his conviction for carrying a loaded firearm while an active gang member and other gang enhancements. The parties also agree the trial court erred in imposing a 15-year minimum parole eligibility period on the attempted murder counts. We vacate the gang enhancement findings, vacate the firearm enhancement findings under section 12022.53 (but not the firearm enhancements on the aggravated assault counts), strike the 15-year parole eligibility minimum, reverse the gang crime conviction and remand to provide the…