Can a convicted felon in possession of a firearm still be eligible for parole under the Three Strikes Act?

California, United States of America


The following excerpt is from People v. Rios, B277222 (Cal. App. 2017):

Again, we disagree. The electorate was told in the relevant ballot materials that if the offender had committed gun-related felonies, or his or her current offense involved firearm possession, he or she would still be subject to a life sentence under the Three Strikes law. (See People v. Blakely, supra, 225 Cal.App.4th at pp. 1055-1057 [discussing Proposition 36 ballot materials].) Given these representations in the ballot materials, we think voters would be surprised to learn that the offense of being a

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felon in possession of a firearm could never exclude an inmate from eligibility.

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