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.
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