California, United States of America
The following excerpt is from People v. Conley, 203 Cal.Rptr.3d 622, 373 P.3d 435, 63 Cal.4th 646 (Cal. 2016):
Teal v. Superior Court (2014) 60 Cal.4th 595, 596597, 179 Cal.Rptr.3d 365, 336 P.3d 686.) Under the Reform Act's revised penalty provisions, many third strike defendants are excepted from the provision imposing an indeterminate life sentence (see Pen.Code, 1170.12, subd. (c) (2)(A) ) and are instead sentenced in the same way as second strike defendants (see id., subd. (c)(2)(C)): that is, they receive a term equal to twice the term otherwise provided as punishment for the current felony conviction (id., subd. (c)(1)). A defendant does not qualify for this ameliorative change, however, if his current offense is a controlled substance charge involving large quantities (id., subd. (c)(2)(C)(i)), one of various enumerated sex offenses (id., subd. (c)(2)(C)(ii)), or one in which he used a firearm, was armed with a firearm or deadly weapon, or intended to cause great bodily injury (id., subd. (c)(2)(C)(iii)). The ameliorative provisions of the Reform Act also do not apply in cases in which the defendant was previously convicted of certain enumerated offenses, including those involving sexual violence, child sexual abuse, homicide or attempted homicide, solicitation to commit murder, assault with a machine gun on a peace officer or firefighter, possession of a weapon of mass destruction, or any serious or violent felony punishable by life imprisonment or death. ( 1170.12, subd. (c)(2)(C)(iv)(I)(VIII).) the act provides that these disqualifying factors must be pleaded and proved by the prosecution. ( 1170.12, subd. (c)(2)(C).)
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