Summary
California Supreme Court case to review whether the Legislature unconstitutionally amended the statutory provisions of Proposition 21, the Gang Violence and Juvenile Crime Prevention Act of 1998, when they significantly redefined the terms "criminal street gang" and "pattern of criminal gang activity" without the requisite concurrence of two-thirds of the membership of both houses as dictated by the initiative. Rojas was convicted of first degree murder with gang murder special circumstances and active gang participation with gang and firearm enhancements. He was sentenced to life without the possibility of parole, plus 25 years to life, plus three years for the firearm enhancements. While Rojas' appeal was pending, the Legislature enacted Assembly Bill 333, which made significant changes to the definitions of "criminal street gang" and "pattern of criminal gang activity." Rojas argued that the changes applied retroactively to him and required his convictions for active gang participation, the gang murder special circumstance, and his gang and firearm enhancements to be reversed. CJLF joined the case to argue that the definitions of "criminal street gang" and "pattern of criminal gang activity" were integral to the entire comprehensive statutory scheme as enacted by the voters via Proposition 21. Proposition 21 only authorized legislative amendment of its statutory provisions if two-thirds of the membership of both houses concurred in the vote. The Legislature enacted Assembly Bill 333 without a two-thirds concurrence in either house and is unconstitutional. However, the court took a narrow view of the purpose of Proposition 21 and held that the narrowing of these terms was not an amendment.
