Opinion
S274743
10-12-2022
PEOPLE v. BURGOS (FRANCISCO)
H045212 Sixth Appellate District.
Briefing ordered in previously Held case
On July 13, 2022, this court granted review of this case, and further action was deferred pending consideration and disposition of related issues in People v. Tran, S165998 or pending further order of the court. Submission of additional briefing was deferred pending further order of this court. This court's decision in People v. Tran (Aug. 29, 2022, S165998) Cal.5th, is now final.
Respondent in this case is now directed to file, within 30 days of the date of this order, an opening brief on the merits limited to the following issue: Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that are not yet final? Additional briefing is to be served in a timely fashion. (See Cal. Rules of Court, rule 8.520.)
Corrigan, J., was absent and did not participate.