People v. Flores CA5
Opinion
Opinion
INTRODUCTION
Appellant Kristi Flores was convicted by jury of two counts of accessory after the fact (Pen. Code,1 § 32) based upon the single act of concealing a firearm that her husband and codefendant, Johnny Garcia, used to shoot two rival gang members. The jury also found true an enhancement alleging that Flores had committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). Flores raises the following claims on appeal: (1) one of her two convictions for accessory after the fact must be reversed because both counts are based upon the single act of concealing Garcia’s firearm; and (2) the jury’s true findings on the criminal street gang enhancements must be vacated pursuant to Assembly Bill No. 333 (2021-2022 Reg. Sess.) (AB 333), which was enacted during the pendency of this appeal. The Attorney General concedes that both claims have merit. We agree as well. We therefore reverse count 11, one of Flores’s convictions for accessory after the fact, and vacate the jury’s true findings on the criminal street gang enhancements. The matter is remanded back to the lower court for further proceedings.