On Monday morning, the Supreme Court will file its opinion in People v. Fletcher. (Briefs here; oral argument video here.)
When the court granted review in Fletcher in September 2023, it limited the issues to — “(1) Does Assembly Bill No. 333 amend the requirements for a true finding on a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and a prior serious felony conviction (Pen. Code, § 667, subd. (a)), or is that determination made on ‘the date of that prior conviction’? (See Pen. Code, §§ 667, subd. (d)(1) & 1170.12, subd. (b)(1).) (2) Does Assembly Bill No. 333 (Stats. 2021, ch. 699), which modified the criminal street gang statute (Pen. Code, § 186.22), unconstitutionally amend Proposition 21 and Proposition 36, if applied to strike convictions and serious felony convictions?” More about the case here.
This will be the third opinion in the seven cases argued in June. Two of the remaining four should file on Thursday; the other two will be delayed (see below). Other argued but undecided cases are the last two of the eight early-May calendar cases, which have delayed opinions (see below), and the last three of the eight cases argued in late May, opinions in which are also delayed. (See below.)
Because of post-argument briefing, a number of opinions will likely file outside the usual 90-day period: Taking Offense v. State of California, argued in early May, and Los Angeles Police Protective League v. City of Los Angeles, argued in late May, could be decided as late as November 10 (see here); the death penalty appeal opinions in People v. Bankston, argued in early May, People v. Chhuon and Pan, argued in late May, and People v. Barrera, argued in June, might not file until January 12, 2026 (see here); the People v. Cardenas death penalty appeal, argued in late May, could be decided as late as September 15; and the opinion in People v. Superior Court (Guevara), argued in June, might not file until October 9.
The Fletcher opinion can be viewed Monday starting at 10:00 a.m.
