Does a defendant who is a third strike offender have to serve an indeterminate life sentence under Proposition 36 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Campos, B292197 (Cal. App. 2019):

Prior to the enactment of Proposition 36, a defendant previously convicted of two serious or violent felonies ("strikes") who was convicted of a new felony would be subject to an indeterminate life sentence. (People v. Yearwood (2013) 213 Cal.App.4th 161, 167.) Proposition 36 amended the law "by reserving the life sentence for cases where the current crime is a serious or violent felony or the prosecution has pled and proved an enumerated disqualifying factor. In all other cases, the recidivist will be sentenced as a second strike offender." (Id. at pp. 167-168; see 667, subd. (e)(2)(C), 1170.12, subd. (c)(2)(C).) Proposition 36 also provided that an inmate serving a third-strike sentence for a nonserious and nonviolent felony could petition for a reduction in his or her sentence. ( 1170.126, subds. (b), (e).)

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