People v. Alvarez CA5

INTRODUCTION

Defendant Francisco Juan Alvarez appeals from a judgment of conviction and sentence entered following remand for resentencing. (See People v. Alvarez (May 3, 2023, F084095 [nonpub. opn.]) (Alvarez).)1 He argues Assembly Bill No. 333 (2021– 2022 Reg. Sess.) (Assembly Bill 333) applies retroactively to the court’s finding that he previously suffered a “strike” conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(e)).2 He further contends application of Assembly Bill 333 in the manner he proposes would not constitute an improper legislative amendment to Propositions 21 and 36. We conclude Assembly Bill 333 does not apply retroactively to the court’s determination of whether a prior conviction constitutes a strike. Defendant’s prior conviction constituted a strike on the date of that prior conviction and therefore remains a strike today. (People v. Gonzalez (2024) 98 Cal.App.5th 1300, 1311 (Gonzalez), review granted Apr. 10, 2024, S286060.) We therefore do not reach the issue of whether application of Assembly Bill 333 to such finding would involve an improper legislative amendment to Proposition 21, an…