HUERTA ON v. << (2025)

The petition for review is granted. The matter is transferred to the Court of Appeal, Fifth Appellate District, with directions to vacate its decision and reconsider the cause after affording the parties an opportunity to brief the issue of whether a gang enhancement constitutes an “offense” within the meaning of Penal Code section 745, subdivision (a)(3) or (a)(4)(A) in light of Government Code section 68081. (F088041, Petn. for Rehg.; Cal. Rules of Court, rule 8.528(d).) The Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion in the above-entitled appeal filed July 29, 2025, which appears at 113 Cal.App.5th 162, 335 Cal.Rptr.3d 215. (Cal. Const., art. VI, § 14; Cal. Rules of Court, rule 8.1125(c)(2).) (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; California Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 3.) The requests for depublication are denied as moot.

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.