Retroactivity of Assembly Bill No. 333’s Provision Permitting the Bifurcation of Gang Allegations at Trial
Briefing in People v. Burgos (2022) 77 Cal.App.5th 550, review granted 7/13/2022 (S274743) was initially deferred pending decision in People v. Tran (2022) 13 Cal.5th 1169 (S165998). On 10/12/2022, the court ordered briefing on the following issue: Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that…