P. v. Smith CA4/2
The People argue that Assembly Bill 333 does not apply retroactively because Smith’s convictions became final when we previously affirmed them. The People nevertheless concede, and the parties agree, that if we conclude that Smith’s judgment of conviction was not final when Assembly Bill 333 became effective, then the amendments apply retroactively to Smith’s case and we should vacate the true findings on the gang enhancements. We conclude that Smith’s judgment of conviction was not final when Assembly Bill 333 became effective, so Assembly Bill 333 applies to his case. We concur with the parties that the proper remedy is to vacate the true findings on the gang enhancements and to remand for further proceedings.
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