Life with parole sentence reduced due to state law

On April 4 in Department 10 of the Tulare County Superior Court, the court reduced the sentence of Jesus Gaytan, 40, from life without the possibility of parole to seven years under provisions set forth in Senate Bil 1437 passed in 2018 addressing accomplice liability for felony murder.

In the early morning on Christmas Day 2003, Gaytan and other gang members attempted to carjack a man at a Visalia apartment complex. During the commission of the crime, one of the perpetrators was killed. Under California law at the time of the crime, Gaytan was tried and convicted of special circumstance first-degree murder during a robbery. He was sentenced to life in prison without the possibility of parole. The case was prosecuted by then Deputy District Attorney Tim Ward.

This month, Tulare County District Attorney prosecutors argued against the defendant’s petition for resentencing under SB 1437, stating the 2003 jury clearly decided the defendant’s participation in the crime, that he was aware his actions involved a great risk of violence and death, and the crime was malicious in nature. Under SB 1437, Gaytan is now convicted of attempted carjacking with a prior strike.

“Due to the legislature’s actions with yet another criminal friendly law, my office has received over 200 petitions from murderers requesting a lower sentence. Although I’m deeply appreciative of the hard work by TCDA prosecutors which resulted in about 122 of the cases being denied, we have seen about 48 re-sentencings granted with at least 9 defendants being released,” said Tulare County District Attorney Tim Ward. “We will continue to fight for these victims and their families who have to endure this revictimization caused by the very people elected to represent us in Sacramento.”