Virginia Moor v. L. De La Cruz

I. BACKGROUND

In 2014, Petitioner was convicted of first-degree murder and conspiracy to commit murder. See Petition at 1; see also People v. Moor, No. B256126, 2016 WL 742171 (Cal. Ct. App. Feb. 24, 2016). The jury found true various allegations, including that each offense was committed on behalf of a criminal street gang. See id. Petitioner was sentenced to fifty years to life. See id. In June 2017, Petitioner filed her first federal habeas petition, which was denied on the merits. See Moor v. Adams, No. 17-4201 (C.D. Cal.), Dkts. 1 (Petition), 18 (Report and Recommendation), 24 (Final Judgment), 29 (Order Denying Certificate of Appealability). In December 2023, Petitioner filed a state habeas petition, arguing that she should be resentenced pursuant to AB 333. See Petition at 3. AB 333, which became effective on January 1, (12/02) CIVIL MINUTES-GENERAL Initials of Deputy Clerk: nb Page 1 of 3

CENTRAL DISTRIC T OF CALIFORNIA

CIVIL MINUTES – GENERAL

2022, made various changes to the law on gang enhancements, including narrowing the definition of a “criminal street gang.” See People v. Tran, 13 Cal. 5th 1169, 1206 (2022). The Superior…