Criminal Defense Attorneys in Southern California, Including the Counties of San Bernardino, Riverside, Los Angeles & Orange

Proposition 36-Three Strikes Resentence

Proposition 36 permits Three Strikes defendants (serving life sentences) whose current offense(s) do not involve a serious or violent felony to file a petition for a recall of sentence within two years of the effective date of Proposition 36 (i.e. by November 7, 2014), or at a later date upon a showing of good cause.

The petition must specify all of the currently charged felonies that resulted in the Three Strikes life sentence, and all strike priors that were charged and proved.

Any inmate serving a Three Strikes life sentence whose current offense is not serious or violent may file a petition to request resentencing.

Eligibility under Penal Code§ 1170.126(e) provides that an inmate is eligible for resentencing if the current offense (s) is not serious or violent and is not one of the specified felonies or enhancements or types of conduct that qualify for three Strikes life sentencing, and if the inmate has no prior convictions for the specified offenses that qualify for Three Strikes life sentencing regardless of the nature of the current felony. Upon receiving a petition for recall of sentence, the court determines whether the defendant fits any of the Proposition 36 criteria for a 3 Strikes life sentence.

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