Cabada

Filed 3/24/25 (opinion following transfer from Supreme Court)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B315418 (Super. Ct. No. 2020032612) Plaintiff and Respondent, (Ventura County)

v. OPINION FOLLOWING

ORDER VACATING PRIOR

JOSE MANUEL CABADA, OPINION

Defendant and Appellant.

This matter is before us on transfer from our Supreme Court for reconsideration in light of People v. Lynch (2024) 16 Cal.5th 730 (Lynch) and Erlinger v. United States (2024) 602 U.S. 821 (Erlinger), which settled a division among the Courts of Appeal on the appropriate standard for assessing prejudice in the context of noncompliance with the requirements of Penal Code section 1170, subdivision (b)1 as modified by Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill 567). In accordance with the direction of the Supreme Court, we vacated our earlier decision and permitted supplemental briefing from the parties.

1 All further statutory references are to the Penal Code unless…