High Court

Retroactive Application of AB 333 Where Defendant Appeals for Second Time After Limited Remand to Address Sentencing Issues

Case Name: People v. Lopez (2025) 17 Cal.5th 388
Case #: S281488/E080032
Last Updated: January 23, 2025

Is defendant entitled to retroactive application of Assembly Bill No. 333 (2021-2022 Reg. Sess.) where he appeals for a second time after his judgment was conditionally reversed and the Court of Appeal issued a limited remand to the trial court to address sentencing issues? The request for an order directing depublication of the opinion was denied.

Held: 

A criminal case is only reduced to a singular, final judgment following the conclusion of the entire criminal case or prosecution. Thus, a criminal case in which the sentence is not yet final, including one in which an appellate court has affirmed the conviction and remanded for reconsideration of sentencing-related issues, is not final for purposes of Estrada, and the benefits of supervening ameliorative legislation apply retroactively.

Because the judgment in this case was not final for Estrada purposes, Lopez was entitled to the retroactive application of Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333). Accordingly, we reverse the judgment below and remand for further proceedings consistent with this opinion.

This case was decided on Jan. 23, 2025. Justice Liu authored the unanimous opinion.

Review on this issue had also been granted with briefing deferred in:

Second District

  • People v. Guerrero (B321032) [nonpub. opn.], review granted 11/15/2023 (S281486)
  • People v. Kennedy (B324835) [nonpub. opn.], review granted 5/29/2024 (S284688)
  • People v. Welch (B328175) [nonpub. opn.], review granted 8/28/2024 (S286046)
    [Note: The People’s petition for review is granted; the defendant’s was denied.]
  • People v. Harris (B323462) [nonpub. opn.], review granted 10/2/2024 (S286668)

Third District

  • People v. Trent (2023) 96 Cal.App.5th 33, review granted 12/20/2023 (S282644/C096306)
  • People v. Ferreira (C097627) [nonpub. opn.], review granted 9/25/24 (S286528)
  • In re J.M. (2024) 103 Cal.App.5th 745, review granted 9/25/24 (S286259/C099085)

Fifth District

  • People v. Mitchell (2023) 97 Cal.App.5th 1127, review granted 2/21/2024 (S283474/F084489)
  • People v. Hendrix (F086169) [nonpub. opn.], review granted 6/12/2024 (S284840)
  • People v. Mancilla (F087171) [nonpub. opn.], review granted 1/22/2025 (S288350)
  • People v. Torres (F087035) [nonpub. opn.], review granted 1/22/2025 (S288386)

Sixth District

  • People v. Torres (H050651) [nonpub. opn.], review granted 6/12/2024 (S284979)
  • People v. Ruizpaz (H051221) [nonpub. opn.], review granted 12/11/2024 (S287614)