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Name: People v. Avendano et al.
Case #: F079411
Opinion Date: 05/18/2022
Attorney: Theresa Osterman Stevenson

The Court of Appeal agreed with the parties that Assembly Bill No. 333 (2021-2022 Reg. Sess.), which amended Penal Code section 186.22 by adding a new element, applied retroactively to the appellant’s case. Error was not harmless under the standard articulated in Chapman v. California (1967) 386 U.S. 18. The court concluded that the gang-related enhancement findings must be vacated and the matter remanded to give the People the opportunity to prove the applicability of the enhancements under the amendments to section 186.22.