Opinion
S259954
08-22-2022
MILTON (WILLIAM) ON H.C.
B297354 Second Appellate District, Div. 7
Opinion filed: Judgment affirmed in full
In light of all the pertinent considerations, we conclude the rule we announced in Gallardo is a new procedural rule and that it is not retroactive to cases on collateral review under both state and federal tests for retroactivity. Thus, it does not apply to petitioner's final judgment. Accordingly, we affirm the decision of the Court of Appeal denying the petition for writ of habeas corpus.
Majority Opinion by Jenkins, J.
-- joined by Cantil-Sakauye, C. J., Corrigan, Kruger, and Guerrero, JJ.
Dissenting Opinion by Liu, J.
-- joined by Groban, J.
Dissenting Opinion by Groban, J.
-- joined by Liu, J.