People v. Sinsun CA2/6

Filed 7/15/25 P. v. Sinsun CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B336887 (Super. Ct. No. 2011003023) Plaintiff and Respondent, (Ventura County)

v.

DAVID SINSUN,

Defendant and Appellant.

David Sinsun appeals from an order resentencing him pursuant to Penal Code1 section 1172.75 after the trial court denied his request for relief pursuant to Assembly Bill No. 333 (2021-2022 Reg. Sess.) (AB 333). He contends the trial court was required to reverse his criminal street gang conviction (§ 186.22, subd. (a)) and strike the five-year gang enhancement (§ 186.22, subd. (b)(1)) unless the People chose to retry and prove the offense and enhancement under current law.

1 All further statutory references are to the Penal Code.

The People agree that the matter should be reversed and remanded for further proceedings consistent with our Supreme Court’s recent decision in People v. Lopez (2025) 17 Cal.5th 388 (Lopez). We conclude the amendments to section 186.22 made by AB 333 apply retroactively because appellant’s judgment was not final following recall of his sentence. We therefore reverse the gang conviction and enhancements, vacate the trial court’s resentencing order, and remand for further proceedings. In all other respects, the judgment is affirmed. Procedural Background2 In September 2011, a jury convicted appellant of street terrorism (§ 186.22, subd. (a), count 1), assault with a deadly weapon by means likely to produce great bodily injury (§ 245, subd. (a)(1), count 2), and battery with serious bodily injury (§ 243, subd. (d), count 3). The jury also found true several special allegations, including a criminal street gang allegation (§ 186.22, subd. (b)(1)) and two prison prior allegations (§ 667.5, subd. (b)). The trial court sentenced appellant to state prison for 21 years, which included, but was not limited to, four years for the street terrorism conviction, one year for each of the two prison prior enhancements, five years for the gang enhancement, and three years for the great bodily injury enhancement. In an unpublished opinion, we affirmed appellant’s conviction but modified the judgment to: (1) strike one of the one- year prison prior enhancements, and (2) stay the four-year concurrent sentence for the street terrorism conviction.