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Does AB 333 Unconstitutionally Amend the Requirements for a True Finding on a Prior Strike Conviction and a Prior Serious Felony Conviction?

Case Name: People v. Fletcher (2023) 92 Cal.App.5th 1374, review granted 9/27/2023
Case #: S281282/E077553
Last Updated: April 10, 2024

(1) Does Assembly Bill No. 333 amend the requirements for a true finding on a prior strike conviction (Pen. Code, §§ 667, subds. (b)–(i) & 1170.12, subds. (a)–(d)) and a prior serious felony conviction (Pen. Code, § 667, subd. (a)), or is that determination made on “the date of that prior conviction”? (See Pen. Code, §§ 667, subd. (d)(1) & 1170.12, subd. (b)(1).) (2) Does Assembly Bill No. 333 (Stats. 2021, ch. 699), which modified the criminal street gang statute (Pen. Code, § 186.22), unconstitutionally amend Proposition 21 and Proposition 36, if applied to strike convictions and serious felony convictions?

Review on this issue has also been granted with briefing deferred in:

Second District

  • People v. Aguirre (2023) 96 Cal.App.5th 488, review granted 1/10/2024 (S282840/B323282)

Third District

  • People v. Farias (2023) 92 Cal.App.5th 619, review granted 9/27/2023 (S281027/C094195)
  • People v. Tholmer (C095767) [nonpub. opn.], review granted 12/20/2023 (S282474)

Fourth District

  • People v. Scott (2023) 91 Cal.App.5th 1176, review granted 9/27/2023 (S280776/E078721)

Fifth District

  • People v. Atwell (F083580) [nonpub. opn.], review granted 12/20/2023 (S282733)
  • People v. Gonzalez (2024) 98 Cal.App.5th 1300, review granted 4/10/2024 (S284060/F084952)

Sixth District

  • People v. Mercado (H046930) [nonpub. opn.], review granted 11/29/2023 (S282366)
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