People v. Vanatti CA5

INTRODUCTION

On August 3, 2021, a jury convicted defendant Lynden Vanatti of the premeditated first degree murder of Allen Fagerson (Pen. Code, §§ 187, subd. (a), 189, count 1),1 and found true all enhancements and allegations, including the special circumstance the murder was intentional and was committed while Vanatti was an active participant in a gang, and that the murder was carried out in furtherance of the gang (§ 190.2, subd. (a)(22)). Vanatti was also convicted of dissuading a witness, Justin Becker, from making a report or testifying at trial (§ 136.1, subd. (c)(1) & (2), counts 3 and 4).2 Subsequently, the trial court sentenced Vanatti to a term of life without the possibility of parole, plus an indeterminate term of 57 years to life and a determinate term of 15 years. On appeal, Vanatti contends he is entitled to the benefit of newly enacted Assembly Bill No. 333 (2021-2022 Reg. Sess.) (AB 333), which amended the language of section 186.22, and added section 1109 requiring bifurcation, upon a defendant’s request, of the trial on the gang enhancements and substantive gang offenses from that of the underlying offenses. Specifically, Vanatti argues the changes made by AB…