In what circumstances will the courts remand the cases of two men charged with robbery and assault against each other under section 186.22 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Maxwell, F063834, F063839, F064407, F065264 (Cal. App. 2014):
We will remand the cases to allow the trial court to exercise its discretion either to impose or to strike the section 186.22, subdivision (b) gang enhancements appended to the robbery and assault counts. (People v. Brown (2007) 147 Cal.App.4th 1213, 1228.)
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