8/22/2022—BAD NEWS! In a long awaited decision in In re Milton, Docket: S259954, the California Supreme Court held that the rule announced in People v. Gallardo (2017) 4 Cal.5th 120 is a new procedural rule, and it is not retroactive to cases on collateral review under both state and federal tests for retroactivity. This ruling struck a blow to the many prisoners seeking retroactive relief from the California Supreme Court’s 2017 ruling in Gallardo. The Supreme Court affirmed the judgment of the court of appeal denying Petitioner's petition for a writ of habeas corpus seeking resentencing under Gallardo, holding that the Gallardo rule does not apply retroactively to final judgments. In Gallardo, the Supreme Court held that a defendant's Sixth Amendment right to a jury trial is violated when the trial court makes factual findings about the nature of a defendant's prior conviction in imposing an enhanced sentence based on that prior conviction. In the instant case, the court of appeal denied Petitioner's habeas petition on the ground that Gallardo was not retroactive to Petitioner's judgment, which was final in 2000. The Supreme Court affirmed, holding that the rule announced in Gallardo is a new procedural rule, and it is not retroactive to cases on collateral review under both state and federal tests for retroactivity.
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