Apr. 27, 2022 – People v. Ramos (5th Dist., F080916)

The Court of Appeal holds that AB 333’s amendments to PC 186.22 apply retroactively and require reversal of appellant’s gang enhancement. The court holds that AB 333’s addition of PC 1109, which requires a bifurcated trial on a gang enhancement upon request, also applies retroactively, but that the failure to bifurcate was not prejudicial under Watson. The court observes that AB 333 does not limit the introduction of gang evidence relevant to the underlying charges, and that the gang evidence here was relevant to motive and would likely have been admissible.