What is the current sentencing of a third strike offender under the three strikes law?
California, United States of America
The following excerpt is from People v. Spiller, 2 Cal.App.5th 1014, 207 Cal.Rptr.3d 151 (Cal. App. 2016):
The prospective portion of Proposition 36 changed the requirements for sentencing a third strike offender under the three strikes law. (People v. Yearwood (2013) 213 Cal.App.4th 161, 167, 151 Cal.Rptr.3d 901.) Prior to the enactment of Proposition 36, a defendant who had two or more prior serious or violent felony convictions was subject to a sentence of 25 years to life upon any new felony conviction. (Former 667, subds. (b)-(i), 1170.12.)
[2 Cal.App.5th 1020]
Proposition 36 amended sections 667 and 1170.12 to require courts to impose life sentences only where the new offense is not just any felony offense, but a serious or violent offense, unless the prosecution pleads and proves certain disqualifying factors. In all other cases, the defendant will be sentenced as a second strike offender. (People v. Yearwood , supra , at pp. 167168, 151 Cal.Rptr.3d 901.)
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