Jun. 22, 2022 – People v. Montano (5th Dist., F079222)

The Court of Appeal holds that AB 333’s amendments to PC 186.22 apply retroactively and require reversal of defendants’ convictions for unlawful participation in a criminal street gang (PC 186.22(a)) and of their gang enhancements under PC 186.22(b) and firearm enhancements under PC 12022.53(e)(1). The court further holds that PC 1109 (AB 333’s bifurcation provision) also applies retroactively, but that the statute does not require bifurcation of a gang murder special circumstance under PC 190.2(a)(22).