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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 Assembly Bill No. 333 applies retroactively to the appellant’s substantive gang offense and gang enhancements under Penal Code section 186.22. As a result, the court reversed the gang offense and enhancements and remanded the matter to allow the prosecution the opportunity to elect whether to retry the appellant under current law. The appellant is furthermore entitled to a full resentencing hearing under section 1170, which was amended by Assembly Bill No. 124 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.