What is the effect of Proposition 36 on a defendant who is serving an indeterminate life sentence as a third strike offender?

California, United States of America


The following excerpt is from People v. Garrison, B266904 (Cal. App. 2017):

Proposition 36 amended sections 667 and 1170.12 and added section 1170.126. Through these statutory amendments and additions, Proposition 36 provides that where a defendant's current offense is not a serious or violent felony and the defendant is not otherwise disqualified from relief, the defendant will be sentenced as a second strike offender rather than receiving an indeterminate life sentence as a third strike offender. (People v. Yearwood (2013) 213 Cal.App.4th 161, 167.) Proposition 36 also "created a postconviction release proceeding whereby a prisoner who is serving an indeterminate life sentence

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