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Name: In re A.M.
Case #: B329999
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/31/2024

The Court of Appeal holds that when a minor was sentenced as an adult prior to the passage of Prop 57 and the sentence is later vacated on habeas corpus, the judgment becomes nonfinal and the defendant is entitled to retroactive application of ameliorative laws, including SB 1391 and AB 333. The minor’s case only becomes final when the criminal proceeding as a whole has ended and the courts can no longer provide a remedy on direct review. Where AB 333’s amendments to PC 186.22’s gang-murder special circumstance provisions apply retroactively, Chapman harmless error review is appropriate.

The full opinion is available on the court’s website here: