Figueroa

—Applying governing precedent, we hold that a defendant is entitled to the benefit of an amendment to an enhancement statute, adding a new element to the enhancement, where the statutory change becomes effective while the case was on appeal, and the Legislature did not preclude its effect to pending cases. We also hold that the People are entitled to an opportunity, on remand, to prove up the new element.

Factual Summary

Appellant, Jose Guzman Figueroa, appeals from his conviction of sale of cocaine base (Health & Saf. Code, § 11352, subd. (a)) and possession for sale of cocaine base (Health & Saf. Code, § 11351.5; all further code citations are to that code unless otherwise indicated) and an additional three-year enhancement sentence under section 11353.6, subdivision (b).

About 10:30 a.m. on April 24, 1991, while Police Officers Armando Sandoval and Tracy Mele were working undercover near the corner of 7th and Rampart streets in Los Angeles County, Officer Sandoval made eye contact with appellant, who was in front of 711 Rampart street. Sandoval nodded his head up and down, then walked a short distance and made contact with Jose Delgadillo. Sandoval told Delgadillo…