Does the three strikes law apply retroactively?

California, United States of America


The following excerpt is from People v. Hightower, F063681 (Cal. App. 2013):

3. On April 5, 2013, we denied appellant's motion to file supplemental briefing on the argument that changes to the three strikes law recently enacted by the voters on November 6, 2012, apply retroactively. In People v. Yearwood (2013) 213 Cal.App.4th 161, 167-179, we held that these changes do not act retroactively, only prospectively. We note, however, that appellant's current felony convictions are not serious or violent felonies under sections 1192.7, subdivision (c) and 667.5, subdivision (c). Our opinion is therefore issued without prejudice to appellant to pursue any remedies he may have before the trial court pursuant to section 1170.126.

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