Can a defendant serving a life sentence for a third-strike conviction for a violent crime that is neither serious nor violent?

California, United States of America


The following excerpt is from People v. Bloodsaw, B268499 (Cal. App. 2016):

On November 6, 2012, California voters passed Proposition 36, the Three Strikes Reform Act of 2012. The Act became effective the next day. Prior to the enactment of Proposition 36, the Three Strikes law provided that upon conviction for any third felony, a defendant convicted of two prior serious or violent felonies would be deemed a third strike offender subject to an indeterminate sentence of 25 years to life. (People v. White (2014) 223 Cal.App.4th 512, 517.) After Proposition 36 became effective, however, the Three Strikes law provided that only if the third felony was a serious or violent felony would such a defendant be deemed a third strike offender; absent a serious or violent third felony, the defendant would be sentenced as a second strike offender unless the prosecution pleaded and proved certain disqualifying factors thus elevating the defendant to a third strike offender. (Ibid.) As a result of Proposition 36, a third strike offender serving a life sentence for a third felony that is neither a serious nor violent felony may file a petition for recall of his or her life sentence and to request resentencing as a second strike offender. (See 1170.126, subd. (d).)

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