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PEOPLE v. CLARK

No. S275746.

15 Cal.5th 743 (2024)

THE PEOPLE, Plaintiff and Respondent, v. KEJUAN DARCELL CLARK, Defendant and Appellant.

Supreme Court of California.

February 22, 2024.

Attorney(s) appearing for the Case

Patrick Morgan Ford , under appointment by the Supreme Court, for Defendant and Appellant.

Sylvia Perez MacDonald, Lana M. Kreidie; and William Safford for Santa Clara County Independent Defense Counsel Office as Amicus Curiae on behalf of Defendant and Appellant.

Sean Garcia-Leys for Peace and Justice Law Center as Amicus Curiae on behalf of Defendant and Appellant.

Sixth District Appellate Program and Jonathan Grossman for Pacific Juvenile Defender Center as Amicus Curiae on behalf of Defendant and Appellant.

Mary K. McComb, State Public Defender, and Elias Batchelder, Deputy State Public Defender, for Office of the State Public Defender as Amicus Curiae on behalf of Defendant and Appellant.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Julie L. Garland and Charles C. Ragland , Assistant Attorneys General, Steve Oetting , Alana Cohen Butler and Paige B. Hazard , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

This is one in a series of cases concerning the gang sentencing provisions in Penal Code section 186.22 (section 186.22), as they were recently amended by Assembly Bill No. 333 (2021-2022 Reg. Sess.) (Assembly Bill 333), which was signed into law in 2021 (see Stats. 2021, ch. 699, § 3).

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