People v. Fletcher

Summary

The court held that Assembly Bill 333 applies to determining whether defendants’ prior gang-related convictions qualify as serious felony convictions under the Three Strikes law and the prior serious felony enhancement statute. Because the judgments were not final when Assembly Bill 333 took effect, the existing abstracts of judgment did not establish the prior allegations under current law, requiring the findings to be vacated and retried. The court also held that applying Assembly Bill 333 does not unconstitutionally amend the relevant ballot initiatives.