Jun. 23, 2022 – People v. Whitmore (4th Dist., Div. 3, G059779) [opn. on rehg.]

In an opinion issued after the granting of defendant’s petition for rehearing seeking retroactive application of SB 567, the Court of Appeal restates its prior rulings (see vacated opn. issued Apr. 29, 2022) and remands for resentencing under SB 567. The court rejects the People’s argument that defendant forfeited the issue by not raising it earlier, noting that SB 567 did not take effect until two months after the case was fully briefed. “True, [defendant] might have sought leave to file a supplemental brief on the issue, but given the timing, we decline to find a forfeiture.”

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