3-STRIKES --- CA LAWS
One prior strike doubles the new (2nd x) conviction see (PC 667(e)(1) and 1170.12(c)(1) AND potentially will add 5-year if the second conviction is considered to be a "serious" felony. See PC (667(a), the three-strikes law calls for a 25-to-life sentence for any new felony.
Do juvenile convictions count as strikes? IT DEPENDS.
See PC 667(d)(3) and 1170.12(b)(3). The Penal Code set four (4) conditions that must be
Case Analysis, after trial. Fees:***$6,000
There are two popular ways to challenge a conviction in an appellate court: a direct appeal and a writ of habeas corpus.
3-Strikes : Elimination of a strike. Fees: ***$10,000
A defendant with two or more ** "Strike" priors (a third striker) faces a minimum of 25-years-to-life in prison. After serving the 25-years on a 25-to-life sentence, he is then eligible for, but not guaranteed, parole. Whether and when an eligible life prisoner is paroled is up to the Board of Parole Hearings (BPH). The BPH is made up of members (mostly x-law enforcement staff) appointed by the Governor and they tend to be very conservative about paroling eligible life inmates. Since no 3-Strike life inmates has become eligible for parole and none will until 2019, no one knows how the BPH will deal with 3-Strike inmates.
In the mean time, it MAY be possible to eliminate a previous “Strikes,” and possibly get a sentence reduced.
There are a few ways to potentially eliminate previous “Strikes” which have been utilized by the sentencing court. Among those which have been successful are: ineffective assistance of trial counsel (IAC) , inadequate proof of priors, a trial judge determining facts of the prior offense, when those facts must be determined by a jury, breach of a previous plea bargain, assigning multiple “Strikes” for an offense which involved a single course of action, a conviction from a different jurisdiction which does not qualify under California law as a “Strike.” Each case must be individually evaluated, based on its own unique facts. If you have been sentenced illegally, a court always maintains jurisdiction to correct that illegal sentence.
** STRIKES: (aka Violent felonies) include murder, mayhem, rape, sodomy, lewd and lascivious act, robbery, kidnapping, carjacking, and first-degree burglary. Violent felonies also include any felony punishable by a life sentence or the death penalty. And any felony where the defendant inflicts great bodily injury or uses a firearm is a violent felony.
LEGAL FEES : $$$
DISCLOSURE: These Appeal legal fees are for litigation only, and do not include out-of-pocket costs for investigation, document retrieval, hiring a private investigator, etc.. Out-of-pocket costs may vary per cases and are in addition to the quoted attorney's fee.
PROP 36 filing DEADLINE 11/6/2014
Under California Proposition 36 Three Strikes sentencing, (25-yrs to Life) those with 2 or more Felony convictions whose new offense is nonserious will receive a sentence double the usual prison term. Some current qualifying Three Strikers may have their sentence reduced see our Prop-36 questionnaire Three-stirker Reform Act webpage. A petition must be filed by NOVEMBER 6, 2014 in Court under the newly created California Penal code 1170.126. Due to the currently short deadline to file, our office is no longer accepting these cases. It is best to check with the local Public Defender, who can file the Petition for free on your behalf.