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PEOPLE v. ROJAS

No. S275835.

15 Cal.5th 561 (2023)

THE PEOPLE, Plaintiff and Respondent, v. FERNANDO ROJAS, Defendant and Appellant.

Supreme Court of California.

December 18, 2023.

Attorney(s) appearing for the Case

Sharon G. Wrubel , under appointment by the Supreme Court, for Defendant and Appellant.

Xavier Becerra and Rob Bonta , Attorneys General, Lance E. Winters , Chief Assistant Attorney General, Michael P. Farrell and Susan Sullivan Pithey , Assistant Attorneys General, Dana Muhammad Ali , Idan Ivri , Louis M. Vasquez , Daniel B. Bernstein , Robert Gezi , Amanda D. Cary , William K. Kim and Stacy S. Schwartz , Deputy Attorneys General, for Plaintiff and Respondent.

Kent S. Scheidegger and Kymberlee C. Stapleton for the Criminal Justice Legal Foundation as Amicus Curiae on behalf of Plaintiff and Respondent.

Gregory D. Totten for the California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

In 2000, California voters adopted Proposition 21, the Gang Violence and Juvenile Crime Prevention Act of 1998 (Proposition 21). Proposition 21 added the gang-murder special circumstance, codified at Penal Code section 190.2, subdivision (a)(22) (section 190.2(a)(22)). (All undesignated statutory references are...

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