How have courts interpreted the effect of the Three Strikes law on a defendant's sentence?

California, United States of America


The following excerpt is from People v. Hollimon, G050259 (Cal. App. 2016):

Most recently, in People v. Marin (2015) 240 Cal.App.4th 1344, 1348, the trial court enhanced the defendant's sentence based on a jury finding that a prior conviction for vehicular manslaughter qualified as a strike under the Three Strikes law. The appellate court concluded that the evidence was insufficient to prove the defendant's

Page 18

Other Questions


Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
Can a defendant who is serving a sentence under the Three Strikes Act apply for habeas corpus to challenge the sentence on appeal? (California, United States of America)
What is the effect of the Supreme Court's interpretation of the Three Strikes statute? (California, United States of America)
How have courts interpreted the meaning of the Three Strikes law in the context of reduced sentences for "heroic acts"? (California, United States of America)
Can a defendant who was convicted under the pre-Proposition 36 version of the Three Strikes law, as a third strike offender of possession of a firearm by a felon, appeal against his sentence? (California, United States of America)
In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act? (California, United States of America)
Is a third strike defendant entitled to the same sentence as a second strike defendant? (California, United States of America)
Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.