Mendoza

Background titled “Preliminary Hearing Evidence.”

INTRODUCTION

Guadalupe Mendoza sought an alternative writ of mandate/prohibition after the superior court denied his Penal Code section 995 motion to dismiss a charge for active participation in a criminal street gang (§ 186.22, subd. (a)) and gang enhancements (§ 186.22, subd. (b)(1)) attached to multiple counts. (Undesignated statutory references are to the Penal Code.) In the motion, Mendoza argued the gang offense and enhancements should be dismissed in light of the changes to section 186.22 effectuated by Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333), which became effective January 1, 2022. He asserted the gang offense and enhancements were proven at the preliminary hearing under the former law, but the evidence presented at the preliminary hearing was insufficient under the new definitions of “pattern of criminal gang activity” and “criminal street gang” to support the charges. The court denied the section 995 motion and, initially, we denied Mendoza’s writ petition from the court’s order. Mendoza then petitioned the California Supreme Court for review, and the matter was transferred back to us. In its…