People v. Gomez CA5
Opinion
Opinion
INTRODUCTION
Defendant Carlos Gomez engaged law enforcement in a high-speed vehicle chase, and a jury convicted him of charges including shooting from a vehicle at a police officer with gang and firearm enhancements. Defendant argues that the evidence was insufficient to support the gang enhancements, the trial court erred in failing to bifurcate the gang enhancements from the underlying charges, and that we should overturn his convictions and remand for retrial in light of recently enacted Penal Code 1 section 1109, which requires bifurcation of gang enhancements from the trial of the underlying charges when requested by a defendant. The People concede that the gang enhancements are not supported by sufficient evidence but argue that the trial court did not abuse its discretion in denying defendant’s motion to bifurcate the trial of the gang enhancements, section 1109 is not retroactive, and the trial court’s decision not to bifurcate was harmless in any event. We reverse the true findings as to the gang enhancements and will remand for resentencing. We affirm the judgment in all other respects.