Modification: P. v. Owens

THE PEOPLE,

Plaintiff and Respondent,

v.

DERECK FLOURNOY OWENS, JR.,

Defendant and Appellant.

-2d Crim. No. B310427

(Super. Ct. No. SM105565)

(Santa Barbara County)

California Court of Appeal

Second Appellate District

Division Six

Filed June 9, 2022

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on May 18, 2022, and certified for publication, be modified as follows:

At the end of the first full paragraph on page 13, insert after "(See Maryland v. Baltimore Radio Show (1950) U.S. 912, 918.) footnote 4 as follows:

" We do not discourage trial courts nor litigants on appeal from considering the retroactivity vel non of a newly enacted provision of the Penal Code. The phrase, "du jour" was applied by the late Justice William Masterson to describe a recurring issue in the decisional law. We encourage robust advocacy on this developing area of the law. We also point out that the "procedural vs. substantive" analysis has been called into question by our Supreme Court. (In re Friend (2021) 11 Cal.5th 720, 742.) Retroactivity issues continue to be a source of conflicting views. (People v. Padilla (May 26, 2022, S263375)

__ Cal.5th __ [2022 Cal. LEXIS 2916], four to three opinion (opn. by Lui, J.; dis. opn. of Corrigan, J.).)"

There is no change in judgment.

Yegan, Acting P.J.

Perren, J.