California Supreme Court

People v. Burgos

June 3, 2024

Summary

The court held that Penal Code section 1109, which permits defendants to request separate trials for gang enhancements and underlying offenses, applies only prospectively because it is a procedural rule that does not reduce punishment, alter criminal liability, or create an avenue for lesser punishment. Prospective application does not violate equal protection because the Legislature may constitutionally distinguish between defendants tried before and after the statute's effective date. The court reversed the Court of Appeal's contrary judgment and remanded for consideration of unresolved claims.