Criminal,
California Supreme Court
Feb. 23, 2024
Supreme Court makes gang enhancements harder to apply
The court’s unanimous opinion reversed and remanded a case that stemmed from a 2015 crime in which a gang member unlawfully entered a woman’s home, raped her, and stole her laptop and phone, which were later sold by other gang members.
The California Supreme Court has made it more difficult for prosecutors to add a gang enhancement in sentencing by showing a “pattern of criminal gang activity.” Thursday’s unanimous opinion written by Justice Leondra R. Kruger resolved a split between appellate districts — by finding that both lower courts got it wrong.
The case centers on the interpretation of AB 333. This 2021 law aimed to limit the use of gang enhancements by requiri...
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