People v. Trevino CA5

INTRODUCTION

In 2019, a jury convicted appellant Andrew Steven Trevino of first degree murder (Pen. Code, § 187, subd. (a);1 count 1) for the shooting death of Alfonso Alvarado. The jury found true a special-circumstance allegation that this murder was committed while appellant was an active participant in a criminal street gang, and the murder was carried out to further the activities of the gang (§ 190.2, subd. (a)(22)). In count 1, the jury found true a gang enhancement and three firearm enhancements. Finally, the jury convicted appellant of active participation in a criminal street gang (§ 186.22, subd. (a); count 2). In part, appellant received a sentence of life without the possibility of parole. In September 2022, we filed an unpublished opinion in which we rejected most of appellant’s claims on appeal. However, based on Assembly Bill No. 333 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 699, §§ 1-5) (Assembly Bill 333), which went into effect on January 1, 2022, we concluded that one claim had partial merit. Assembly Bill 333 substantially narrowed the definition of a “criminal street gang” and, based on this retroactive change in law, we vacated the gang conviction in count…