Disagreeing with People v. Venable (2023) 88 Cal.App.5th 445, the Court of Appeal holds that EC 352.2 (AB 2799) does not apply retroactively under the Estrada rule. The court reasons that while EC 352.2 “may, in many instances, end up being beneficial to a criminal defendant in that it may result in the exclusion of evidence favorable to the People, it is not a statute that creates the possibility of lesser punishment [or] reduces criminal liability.”
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