Aug. 22, 2022 – In re Milton (Supreme Ct., S259954)

In a 5-2 decision, the Supreme Court holds that People v. Gallardo (2017) 4 Cal.5th 120, which held that a defendant has a right to a jury trial on the nature of a prior conviction used to enhance a sentence, does not apply retroactively to final decisions because Gallardo articulated a new procedural rule. Though here the trial judge improperly made the factual finding that defendant’s out-of-state conviction involved a firearm and thus qualified as a strike, defendant is not entitled to a resentencing hearing. Justices Groban and Liu dissent.