California Supreme Court Rulings Could Reshape Gang Sentencing

Rulings could affect thousands of sentences across the state

SACRAMENTO, Calif. — The California Supreme Court issued two rulings last week that could reshape how courts handle gang enhancements and three-strikes sentencing, applying a 2021 law retroactively to past cases.

Both decisions centered on Assembly Bill 333, which raised the bar for proving crimes tied to “criminal street gang activity.” The rulings may allow thousands of incarcerated people to challenge past convictions.

Three-Strikes Convictions Vacated

In one case, the court ruled 4-3 in favor of Larry Fletcher and Eric Anthony Taylor Jr., who argued their 2015 gang enhancements should not count as strikes toward a later attempted murder conviction. Because their earlier cases were still on appeal when AB 333 took effect, the court said the enhancements did not meet the new requirements.

The justices vacated the prior convictions as strikes and sent the case back to trial court for possible retrial under the revised statute.

Chief Justice Patricia Guerrero dissented, writing that the majority’s approach would make it “virtually impossible” to apply the three-strikes law and accused the court of changing the statute “under the guise of interpreting it.”

Death Sentence Overturned

In a separate 5-2 ruling, the court struck down the death sentence of Jason Aguirre, who was convicted in 2009 of murder and attempted murder in Orange County. Aguirre was accused of acting with a Vietnamese youth gang in a 2003 shooting that killed 13-year-old Minh Tran.

Prosecutors had argued Aguirre acted for the gang’s reputation, which at the time was sufficient for a gang enhancement. AB 333 now requires proof of a benefit “more than reputational.”

Justice Guerrero, writing for the majority, said the jury in Aguirre’s case did not receive instructions that reflected the new law, creating a legal error. The court upheld Aguirre’s convictions but returned the case to trial court for further proceedings on sentencing.

Law at Issue

California has used gang enhancements since 1988, when lawmakers passed the Street Terrorism Enforcement and Prevention Act. Proposition 21 in 2000 expanded the law and increased mandatory sentences for gang-related crimes.

Prosecutors used the provisions widely in the following decades, adding penalties to both violent and nonviolent felonies. Critics argued the enhancements relied on weak evidence and disproportionately affected defendants from communities of color.

AB 333, known as the STEP Forward Act, was signed into law in 2021. It narrowed the definition of gang activity, raised the evidence standard, and allowed separate proceedings for gang allegations when requested by defendants.

Uncertain Reach

The rulings mark the strongest signal yet that the Supreme Court will apply AB 333 retroactively. The impact is still uncertain, but defense attorneys say the decisions could open the door for widespread challenges to gang-related convictions and sentencing enhancements.