What is the difference between life sentences for third strike offenders and those convicted of simple drug possession?

California, United States of America


The following excerpt is from People v. Rivas, F067065 (Cal. App. 2014):

The foregoing materials expressly distinguished between dangerous criminals who were deserving of life sentences, and petty criminals (such as shoplifters and those convicted of simple drug possession) who posed little or no risk to the public and did not deserve life sentences. It is clear the electorate's intent was not to throw open the prison doors to all third strike offenders whose current convictions were not for serious or violent felonies, but only to those who were perceived as posing little or no risk to the public. A felon who has been convicted of two or more serious and/or violent felonies in the past, and most recently had a firearm readily available for use, simply does not pose little or no risk to the public. "[T]he threat presented by a firearm increases in direct proportion to its accessibility. Obviously, a firearm that is available for use as a weapon creates the very real danger it will be used." (People v. Mendival (1992) 2 Cal.App.4th 562, 573.)

Page 18

Other Questions


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)
Is a defendant 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 entitled to resent his sentence? (California, United States of America)
What is the current state of California Three Strikes sentencing for a third strike offender who is convicted of possession of a firearm? (California, United States of America)
Is a simple possession conviction for simple possession a proper exercise of the court's broad jurisdiction? (California, United States of America)
What is the current sentencing of a third strike offender under the three strikes law? (California, United States of America)
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Can a third strike offender who is serving an indeterminate life sentence for a crime that is not a serious or violent felony and who is not disqualified from a post-conviction release proceeding be resentenced? (California, United States of America)
Is possession of a firearm by a felon a third strike sentence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.