P. v. Salazar CA4/3
This is the second appeal in this case, which involves a number of gang-related felonies that occurred when defendant Dylan William Salazar was 17 years old. In our prior opinion, we reversed Salazar’s first degree murder conviction and the sentencing allegations attached to that count, as well as his conviction for active gang participation (Pen. Code, §§ 187, subd. (a), 186.22, subd. (a)). (People v. Salazar (Feb. 10, 2015, G048144 [nonpub. opn.] (Salazar I).) On remand, the first degree murder conviction was reduced to second degree, and the prosecution declined to retry the gang participation count. Salazar was sentenced to 40 years to life.
Initially, Salazar raised three issues on this second appeal. His key argument was that he was retroactively entitled to a hearing to determine whether he should be treated as a juvenile or an adult (a transfer hearing) under the Public Safety and Rehabilitation Act of 2016 (Proposition 57). He argued that Proposition 57 applied be
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