CA Supreme Court Weakens ‘Three Strikes’ Sentencing for Gang Members

California’s Supreme Court just handed down two rulings that could unravel decades of anti-gang sentencing laws, giving thousands of convicted criminals a pathway to challenge their prison terms.

Both decisions hinge on the state’s 2021 STEP Forward Act — a progressive law that raised the standard for proving gang affiliation and limited what prosecutors can present as evidence. By applying that law retroactively, the court has effectively reopened the door for countless inmates to revisit convictions, some dating back decades.

In one ruling, a narrow majority ordered a lower court to reconsider whether two defendants’ sentences should be retried under the new standard. Chief Justice Patricia Guerrero warned in dissent that the court was “rewriting sentencing law” and making it “virtually impossible” for prosecutors to sustain gang allegations.

In a separate 5-2 decision, the court threw out the gang enhancements attached to a death sentence for convicted Orange County murderer Jason Aguirre, who prosecutors said committed multiple shootings in 2003 to boost the reputation of the “Dragon Family Junior” gang. Aguirre’s murder convictions were upheld, but the gang enhancements were tossed, sending the case back for further proceedings.

California’s gang enhancement laws have long been a tool for prosecutors to keep violent offenders off the streets. The original STEP Act was passed in 1988 amid soaring gang violence in Los Angeles and expanded under Proposition 21 in 2000. But in 2021, Democrats in Sacramento gutted those laws under the banner of “equity” and “restorative justice.”

Prosecutors warn that retrying older cases under the new standards will be nearly impossible, as witnesses may be gone and memories have faded. Legal analysts say thousands of inmates could now flood the courts with appeals.

The rulings come as Governor Gavin Newsom attempts to recast himself as “tough on crime” — even as his state’s courts and legislature work overtime to weaken law enforcement. The moves also fuel speculation that Newsom is trying to pivot to the center ahead of a likely 2028 presidential run.