Ramos

INTRODUCTION

While this appeal was pending, the Legislature enacted Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333), which went into effect on January 1, 2022. Assembly Bill 333, in part, amended the language of Penal Code section 186.22 to modify the showing necessary to sustain a gang enhancement. (Undesignated statutory references are to the Penal Code.) It also added section 1109, which requires the bifurcation of the trial of gang enhancements from that of the underlying offense(s) upon a defendant’s request. Among other issues, we consider whether these two changes in the law apply retroactively to this case. In the published portion of this opinion, we conclude both changes apply retroactively. Under the circumstances, however, only the amendment to section 186.22 requires reversal and remand. Robert Ramirez Ramos and three codefendants—Francisco Nava, Steven Lopez, and Ruben Perez—engaged in a confrontation at a convenience market gas station with E.D. and his girlfriend, C.A. They yelled rival gang slurs at E.D., Lopez and Perez threw drinks into the car E.D. and C.A. were sitting in, and Lopez grabbed E.D.’s shirt and struck him in the back of the head,…