People v. Cooper CA3

BACKGROUND

The second amended information charged defendant with a single count of theft of a 2007 Ford F250 truck on June 26, 2018 (Veh. Code, § 10851, subd. (a)).3 For purposes

Assembly Bill 124 is not independently effective. Three bills proposing changes to section 1170, effective January 1, 2022, were enacted by the Legislature in September 2021 and signed by the Governor on October 8, 2021: Assembly Bill 124, (Stats. 2021, ch. 695, § 5), Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly Bill 1540) (Stats. 2021, ch. 719, § 2), and Senate Bill 567 (Stats. 2021, ch. 731, § 1.3). (See People v. Flores (2022) 73 Cal.App.5th 1032, 1038; People v. Jones (2022) 79 Cal.App.5th 37, 44, fn. 11.) Since Senate Bill 567 was the last bill the Governor signed and bears the highest chapter number, its amendments to section 1170 prevail over the amendments to that section specified in the other two bills. (Gov. Code, §§ 9510, 9605, subd. (b); In re Thierry S. (1977) 19 Cal.3d 727, 738-739.) However, Senate Bill 567 provides that if that bill is enacted last of the three, section 1.3 of the bill incorporating the amendments proposed by Assembly Bill 124 and Assembly Bill 1540…