California Supreme Court Overturns Death Sentence in Orange County Case Due to Gang Law Changes
The California Supreme Court recently overturned the death sentence of a man convicted of murder and attempted murder in Orange County, citing changes in California’s gang laws. While the convictions for murder and attempted murder remain, the death penalty and gang-related findings were reversed, and the case has been sent back for retrial on the penalty phase.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.
What Happened in This Case?
In 2009, an Orange County jury convicted the defendant of murder and attempted murder for a 2003 shooting outside a restaurant. Prosecutors also alleged that the crime was gang-related, adding special circumstances and sentencing enhancements that made the death penalty possible.
But in 2021, California passed Assembly Bill 333 (AB 333), amending Penal Code Section 186.22 which went into effect on January 1, 2023. This amended law raised the legal standard for proving gang enhancements, and special circumstances. Additionally it gave judges the discretion to strike additional punishment for the gang enhancements or to refuse to impose the minimum jail sentence for misdemeanors in the unusual case where the interest of justice would best be served. AB333 also removed some crimes under Penal Code Section 186.22 that could previously be used to show a pattern of criminal gang activity.
When the Supreme Court reviewed the case, the justices agreed that the original trial did not meet the higher standard required under AB 333.
Chief Justice Patricia Guerrero explained that there was not enough evidence for a jury, if properly instructed, to find the gang allegations true beyond a reasonable doubt. Because the death penalty depended entirely on those gang allegations, the death sentence had to be overturned.
Why This Decision Matters
This ruling highlights how important gang enhancements are in California criminal cases. Under AB 333 (amended Penal Code Section 186.22), prosecutors now face a much higher burden of proof when trying to add gang allegations to a case. These enhancements can dramatically increase prison sentences — or, as in this case, even result in a death sentence.
For accused individuals, this case shows that convictions and sentences based on outdated gang laws can be challenged in higher courts.
Jury Selection Concerns
Two justices, Goodwin Liu and Kelli Evans, went further. In their dissent opinions, they said the entire conviction should be reversed because the trial judge allowed the prosecutor to strike a Black prospective juror without enough justification.
During jury selection in a criminal case, lawyers may not systematically exclude jurors based on their membership in a cognizable group distinguished by racial, religious, ethnic, or similar characteristics. An attorney will have to show by clear and convincing evidence that an objectively reasonable person would view the rationale as unrelated to a protected category, and that the reasons articulated bear on the prospective juror’s ability to be fair and impartial in the case.
These two judges raised concerns about whether the reasons given for removing the juror were legitimate, noting that courts must carefully guard against racial discrimination in jury selection. While the majority did not overturn the convictions on this ground, the dissent shows how jury bias remains a major issue in California courts.
Call Wallin & Klarich Today
If you or a loved one is facing gang allegations in California, it is critical to understand how AB 333 affects your case. Prosecutors can no longer rely on the same evidence and arguments, and even specific crimes they once used to add years — or even decades — to a prison sentence. At Wallin & Klarich, we have been defending clients in gang-related cases for more than 40 years. We know how to challenge enhancements, fight for fair jury selection, and appeal wrongful convictions and sentences
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
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