Jul. 15, 2022 – People v. Lee (2nd Dist., Div. 4, B300756)

The Court of Appeal holds that the amendments to PC 186.22 enacted by AB 333 apply retroactively to nonfinal cases and vacates the jury’s true findings on a gang enhancement, gang-related firearm enhancements, and a gang-murder special circumstance (PC 190.2(a)(22)). In so holding, the court rejects the People’s argument that by amending the gang-murder special circumstance, AB 333 unconstitutionally amended a provision of Prop 21 without the requisite two-thirds legislative vote.