People v. Rojas

Summary

The court held that applying Assembly Bill 333's narrowed definition of "criminal street gang" to the gang-murder special circumstance does not unlawfully amend Proposition 21. Proposition 21 imposed enhanced punishment for qualifying gang-related murders but did not lock in the definition of "criminal street gang" as it existed when the initiative was enacted. Because the trial evidence was insufficient under the amended definition, the court vacated the special-circumstance finding, reversed the judgment, and remanded.