People v. Hsiung

── People v. Hsiung ── Court: California Court of Appeal Date: May 12, 2026 Category: General Filed 5/12/26 (unmodified opn. attached) CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, A169697 Plaintiff and Respondent, (Sonoma County v. Super. Ct. No. SCR721464) WAYNE HANSEN HSIUNG, ORDER MODIFYING OPINION AND DENYING REHEARING Defendant and Appellant. NO CHANGE IN JUDGMENT THE COURT:* It is ordered that the opinion filed herein on April 30, 2026, be modified as follows: At page 37, new footnote 13 is added after the opinion’s last sentence, “As such, his challenge fails,” and says, “For the first time in a petition for rehearing, defendant raised several new arguments as to why the savings clause in section 602, subdivision (o) does not cure the statute’s alleged constitutional defect. For the purposes of this appeal, defendant forfeited these arguments. (Samantha B. v. Aurora Vista Del Mar, LLC (2022) 77 Cal.App.5th 85, 109.)” Appellant’s petition for rehearing, filed on May 8, 2026, is denied. There is no change in the judgment. Dated: 05/12/2026 Jackson, P.J. , P. J. * Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part III of the discussion. * Jackson, P. J.; Simons, J.; Burns, J. 1 A169697/People v. Wayne Hansen Hsiung Trial Court: Superior Court of the County of Sonoma Trial Judge: Laura Passaglia Counsel: Justin F. Marceau for Defendant and Appellant. Law Office of Colleen Flynn and Colleen Flynn for Animal Justice as Amicus Curiae for Defendant and Appellant. Law Office of Kevin G. Little and Kevin Gerard Little for Professor Jens Bülte as Amicus Curiae for Defendant and Appellant. Law Office of Shakeer Rahman and Shakeer Rahman; Shaila Nathu; Shayana Kadidal and Jess Vosburgh for Center for Constitutional Rights, American Civil Liberties Foundation of Northern California, and National Lawyers Guild as Amici Curiae for Defendant and Appellant. Summa and Megan A. Maitia for Climate Defense Project as Amicus Curiae for Defendant and Appellant. Matthew Liebman for Law Professors Matthew Liebman, Randall S. Abate, Zsea Bowmani, Taimie L. Bryant, David N. Cassuto, Luis E. Chiesa, Rebecca Critser, David A. Dana, Michael C. Dorf, Pamela D. Frasch, Iselin M. Gambert, Kathy Hessler, Heidi M. Hurd, Paul A. Locke, Janice Nadler, Martha C. Nussbaum, Fran Ortiz, Jessica Rubin, Joan Schaffner, Sarah Schindler, Vanessa Shakib, Laurence H. Tribe, Bruce Wagman, and Delcianna J. Winders as Amici Curiae for Defendant and Appellant. Christopher Berry for Nonhuman Rights Project, Inc., as Amicus Curiae for Defendant and Appellant. 2 Advancing Law for Animals and Vanessa Shakib for Professor Kristen Stilt as Amicus Curiae for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Jeffrey M. Laurence, Assistant Attorneys General, Bridget Billeter and Kelly A. Styger, Deputy Attorney