May 25, 2022 – People v. Ramirez (6th Dist., H047847)

The Court of Appeal concludes AB 333’s amendments to PC 186.22 are retroactive under Estrada and reverses appellant’s gang enhancements. However, the majority opinion adopts the dissenting opinion of People v. Burgos (2022) 550 Cal.App.5th 569 and holds that AB 333’s addition of PC 1109 (requiring bifurcated trials on gang enhancements) applies prospectively only because PC 1109 “is not an ameliorative statute within the meaning of the Estrada rule.” A concurring opinion would hold that PC 1109 is ameliorative and retroactive, but that the failure to bifurcate here was harmless.