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 No. 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 No. 333 in the manner he proposes would not constitute an improper legislative amendment to Propositions 21 and 36. In our prior opinion addressing this appeal after resentencing, we affirmed the judgment, holding that Assembly Bill No. 333’s amendments to section 186.22 did not apply to the prior strike finding. Our Supreme Court granted defendant’s petition for review (S286909) and transferred the matter to us with directions to vacate our opinion and reconsider the cause in light of People v. Fletcher (2025) 18 Cal.5th 576 (Fletcher). In accordance with the direction from the Supreme Court, we vacated our prior opinion and gave the parties…