People v. Gross CA4/1

INTRODUCTION

A fight broke out at a bar between members of the Crips gang and the Bloods gang on New Year’s Eve 2012. The conflict continued into the next morning when Dwight Gross, a known member of the 1200-block Seaside Crips, shot and killed Gerald Warren, a former rival Bloods gang member. In 2019, a jury convicted Gross of first degree murder with the gang-murder

special circumstance and the gang sentencing enhancement. (Pen. Code,1 §§ 187, subd. (a), 189, 190.2, subd. (a)(22), 186.22, subd. (b)(5); count 1.) The jury also convicted Gross of the substantive crime of active participation in a criminal street gang. (§ 186.22, subd. (a); count 2.) On appeal, Gross asserts there was insufficient evidence to support the jury’s verdict, the trial court erred by allowing the prosecutor to introduce evidence of uncharged crimes involving Gross to prove motive and intent, and the People violated Gross’s

due process rights by committing Brady2 error. We find no error on these grounds. While his appeal was pending, the Legislature enacted Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333) and Senate Bill No. 81 (2021−2022 Reg. Sess.) (Senate Bill 81). Assembly Bill 333…