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

Case Name: People v. Lopez (2023) 93 Cal.App.5th 1110, review granted 11/15/2023
Case #: S281488/E080032
Last Updated: February 21, 2024

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.

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

Second District

  • People v. Guerrero (B321032) [nonpub. opn.], review granted 11/15/2023 (S281486)

Third District

  • People v. Trent (2023) 96 Cal.App.5th 33, review granted 12/20/2023 (S282644/C096306)

Fifth District

  • People v. Mitchell (2023) 97 Cal.App.5th 1127, review granted 2/21/2024 (S283474/F084489)
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