People v. Martinez CA4/2

I.

INTRODUCTION

During a resentencing proceeding under Penal Code section 1172.75,1 the trial

court resentenced defendant and appellant Glenn Castro Martinez to 22 years in prison,

including 10 years for a gang enhancement under section 186.22. Defendant appeals his

resentencing, arguing we must reverse and remand for a resentencing hearing without the

gang enhancement or a new trial on the gang enhancement under Assembly Bill No. 333

(2021-2022 Reg. Sess.) (Stats. 2021, ch. 699) that amended section 186.22 to impose new

requirements for proving gang offenses and enhancements since defendant’s plea

agreement. The People agree that the trial court erred in failing to apply Assembly Bill

No. 333 and thus the proper remedy is to remand to allow an opportunity for the

prosecution to prove the new gang enhancement elements or defendant to readmit the

gang enhancement.

In light of our Supreme Court’s decision in People v. Lopez (2025) 17 Cal.5th 388

(Lopez), we agree the trial court should have applied Assembly Bill No. 333 during the

resentencing proceeding because defendant’s criminal judgment was no longer final

following the recall and resentencing under section…