Sep. 29, 2022 – People v. Boukes (4th Dist., Div. 2, E077058)

Disagreeing with People v. Burgos (2002) 77 Cal.App.5th 550, the Court of Appeal holds that AB 333’s addition of PC 1109, which allows for bifurcation of trials on gang enhancements, does not reduce punishment and therefore does not apply retroactively to nonfinal cases. A concurring opinion concludes that PC 1109 is ameliorative and therefore applies retroactively to nonfinal cases, but agrees with the majority that the lack of bifurcation here was harmless.