Opinion
S274743
06-03-2024
PEOPLE v. BURGOS (FRANCISCO)
H045212 Sixth Appellate District.
MAJORITY OPINION
Guerrero, C. J.
Opinion filed: Judgment reversed
We conclude that section 1109 does not apply retroactively. Because the Court of Appeal majority concluded otherwise, we reverse its judgment and remand the matter for further proceedings consistent with our opinion.
We also disapprove People v. Montano, supra, 80 Cal.App.5th 82 and People v. Ramos, supra, 77 Cal.App.5th 1116, to the extent they are inconsistent with our opinion.
-- Joined by Corrigan, Kruger, Groban, and Jenkins, JJ.
Concurring Opinion
Groban, J.
-- Joined by Corrigan, J. Dissenting Opinion by Evans, J.
-- Joined by Liu, J.