Error and/or relief:
The defendant was sentenced to a Three Strikes term for prior serious felonies, both gang related felonies that would not comport with AB 333 today given that he admitted them under the elements of the crimes in effect in 2015 and 2019 prior to AB 333. They can’t be used as priors. The DA may choose to retry those allegations on remand.
First Holding:
Gang allegations on prior convictions cannot be sustained if not in compliance with AB 333.
Authority:
AB 333
PEN 186.22
People v. Fletcher (2025) 18 Cal.5th 576
Second Holding:
The DA may choose to retry those allegations on remand.
Authority:
People v. Fletcher (2025) 18 Cal.5th 576;