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Name: People v. Burgos
Case #: S274743
Court: CA Supreme Court
Opinion Date: 06/03/2024

Effective Jan. 1, 2022, PC 1109 requires bifurcating gang enhancements from their underlying offenses upon defense request (PC 1109(a)) and requires a separate trial for any PC 186.22(a) offense charged with a non-gang crime (PC 1109(b)).  The California Supreme Court holds PC 1109 is not retroactive to cases where judgment is not yet final, as the text and legislative history do not overcome the presumption that new statues apply prospectively only.  Further, as a merely “prophylactic procedural rule” modifying the “sequence” of trials, PC 1109 does not qualify under Estrada.  The concurrence notes the ever-increasing resources devoted to litigating statutory retroactivity and calls on the Legislature to “plainly state whether or not the statute in question is retroactive.”

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