Is a third strike sentence for a violent crime that is neither serious nor violent?

California, United States of America


The following excerpt is from People v. Berry, G055755 (Cal. App. 2019):

is neither serious nor violent. In that circumstance, unless an exception applies, the defendant is to receive a second[-]strike sentence of twice the term otherwise provided for the current felony . . . . [] . . . [] In addition to reducing the sentence to be imposed for some third[-]strike felonies that are neither violent nor serious, [Proposition 36] provides a procedure by which some prisoners already serving third[-]strike sentences may seek resentencing in accordance with the new sentencing rules. ( 1170.126.) . . . In contrast to the rules that apply to sentencing, . . . the rules governing resentencing provide that an inmate will be denied recall of his or her sentence if 'the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.' ( 1170.126, subd. (f).)" (People v. Johnson (2015) 61 Cal.4th 674, 681-682.)

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