The Court of Appeal held that appellant, who was granted relief under Penal Code section 1172.6, was entitled to a full resentencing, including the ameliorative benefits of Assembly Bill No. 333 (2021–2022 Reg. Sess.). (People v. Padilla (2022) 13 Cal.5th 152.) The gang allegations were vacated and the matter remanded for resentencing, with the prosecution having the option to retry the gang allegations.
Panel Victories
