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Name: People v. Salvatierra
Case #: F083297
Opinion Date: 04/03/2023
Attorney: Nicholas Seymour

The Court of Appeal agreed with the parties that the appellant’s gang enhancement and convictions must be reversed in light of Assembly Bill No. 333. Additionally, the appellant is entitled to resentencing pursuant to Assembly Bill No. 124, which amended Penal Code section 1170 to include a presumption in favor of the lower term sentence when a defendant is under 26 years of age at the time of the offense. Upon remand, the People have the opportunity to retry the gang enhancement and convictions in conformance with the current law.