What is the impact of section 667, subdivision (e)(2)(C) of the California Criminal Code on sentencing in this case?
California, United States of America
The following excerpt is from People v. Samol Sam Om, C068420 (Cal. App. 2013):
Finally, we asked the parties to submit letter briefs addressing the impact, if any, of section 667, subdivision (e)(2)(C) (Proposition 36 at the November 2012 General Election) upon the sentencing in this case. We have since concluded that prisoners, such as defendant, who were serving three strikes sentences when Proposition 36 was enacted, must raise the issue by petition in the trial court. (People v. Yearwood (2013) 213 Cal.App.4th 161.)
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