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Name: People v. Nagata
Case #: F082198
Opinion Date: 01/31/2023
Attorney: Marcia Clark

The Court of Appeal held that Assembly Bill No. 333’s changes to Penal Code section 1109, which provides for bifurcation of gang enhancement allegations upon a defendant’s request, applies retroactively. The court found the trial court’s order denying appellant’s motion to bifurcate the trial of the gang enhancement allegations was erroneous and prejudicial, requiring reversal.