View Full Version : What's the latest on 3 strike reform/resentencing?


lilg
05-22-2009, 03:12 PM
Ever since prop 66 got the shaft at the very last minute(I was in then... it was ugly)I've been waiting for them to try it again.I'd really appreciate an update on what's new.And what I can do now that I'm out here to help.Thanx!

kima
05-23-2009, 06:14 PM
I just read an article about the 3 strikes law turning 15 a few days ago, but it didn't mention any new legislation in the works. I've been keeping an eye out for something, too, my hubby's on a 2nd strike sentence.

Here's the article:
Three-Strikes-And-You’re-Out Turns 15
Wednesday, 20 May 2009 By Chris Levister, Black Voice News

-- Twelve days after ‘three-strikes and you’re out’ was enacted James Oakley was charged with abetting petty theft after his 12-year-old cousin was caught stealing candy from a liquor store. The offense usually carries a short jail term or most likely probation. Instead it landed Oakley in prison for 25 years to life. That’s because the law counted the petty theft crime as Oakley’s third felony conviction.
http://www.blackvoicenews.com/content/view/43161/3/

lilg
05-23-2009, 09:14 PM
First, its insane the sentences they gave out during that period of hype havent been overturned yet.I also dont understand why anything hasnt come about since prop 66.I know so many people that have been down around a decade for petty crimes...if society was really aware of how much $ the law has wasted over the years it would have been reformed a long time ago.I really need to do some checking to find out whats currently going on.I'll post any valid results I have.

Gryphon
05-23-2009, 11:54 PM
First, its insane the sentences they gave out during that period of hype havent been overturned yet.I also dont understand why anything hasnt come about since prop 66.I know so many people that have been down around a decade for petty crimes...if society was really aware of how much $ the law has wasted over the years it would have been reformed a long time ago.I really need to do some checking to find out whats currently going on.I'll post any valid results I have.

No new legislation in the system, but there is always talk about saving money by not housing non-violent criminals for many years. This leads to speculation and speculation leads to hope. Still, nothing pending.

Our Governor caused a very strong voter proposition to be defeated. The TV ads were awesome, and frightened many people. I think that if a proposition was attempted, he'd mount teh same opposition.
It is true that people vote their pocketbook. On the other hand, they can be frightened.
"Tough on crime" politicians are always in the strongest position to be re-elected. That is the reality of the situation.

lilg
05-24-2009, 12:22 AM
No new legislation in the system, but there is always talk about saving money by not housing non-violent criminals for many years. This leads to speculation and speculation leads to hope. Still, nothing pending.

Our Governor caused a very strong voter proposition to be defeated. The TV ads were awesome, and frightened many people. I think that if a proposition was attempted, he'd mount teh same opposition.
It is true that people vote their pocketbook. On the other hand, they can be frightened.
"Tough on crime" politicians are always in the strongest position to be re-elected. That is the reality of the situation.

I looked on one page that said they need so many signatures by april.I registered for info to help.They spoke alot about a 2008 reform bill.I'm going to do some surfing.I agree that Arnold will probably campaign against it.Does his office have a term limit?I don't know much about politics but I sure know about the system.It's frustrating cuz cali's doing everything all wrong.

Gryphon
05-24-2009, 12:39 AM
I looked on one page that said they need so many signatures by april.I registered for info to help.They spoke alot about a 2008 reform bill.I'm going to do some surfing.I agree that Arnold will probably campaign against it.Does his office have a term limit?I don't know much about politics but I sure know about the system.It's frustrating cuz cali's doing everything all wrong.
There's no chance that a CA governor is going to say that violent criminals ought to get out of prison early. I don't think that any Stae legislator will agree to that.
When the last third strike reform was considered, it did NOT include inmates doing 85%. It was proposed that inmates doing time on on non-violent and non-serious crimes (because of being a third striker) ought to not be doing life terms. THAT didn't pass. There has never been a proposal that would reduce time for violent crimes.

lilg
05-24-2009, 01:10 AM
I'm specifically interested in reform/ resentencing of 25-L 3 strikers in for non-violent felonies.The majority I know personally would be due even under the stipulation of being resentenced at the mid term DOUBLED, which is what reform requests.

kima
05-25-2009, 12:39 AM
Please post any information you can find out. My husband is serving a 2nd strike at high term, doubled, 80% (non-violent) with a few extra years of enhancements tacked on (for a total of 20 friggin years). I'm praying for a bill that would reduce this to 50% or even 60%, but it's probably wishful thinking...

DeeNGee
06-08-2009, 09:46 AM
My husband recently mentioned to me a case People vs McPherson(?)....where it goes into the enhancement law....He didnt have alot of information on it. Just that there is a case where someone is opposing the enhancement given because the time being given for past crimes is too high-- and its like being sentenced again for the same thing.

I have been looking and looking... but I havent found anything new-- that gives the impression that the sentencing enhancement laws are up for review???? Has anyone heard different? Also I havent found any case regarding "McPherson" that is current or that is in California.... Should I be looking in a particular area?

Sorry for all the questions.... its just that if my husband could find a way to fight his enhancement (which are crazy!!!!) he could be out tomorrow!

thanks for any help

Gryphon
06-08-2009, 10:47 AM
The issue is: When is a 25 to life term a violation of the Constitutional standards that prohibit cruel and unusual punishment?
This is considered a "live" issue because a few years ago a case came down that declared 25 to life to be uncostitutional for a hyper-technical violation of sex registration laws. (A sex crime registrant DID register at his new address but neglected to un-register at the former residence. The registrant was easy to find and wasn't rtying to hide, it was just a technical violation. The 25 to life that resulted violated Constitutional standards.)
However, despite many many attempts to expand this ruling, there have been no additional decisions that have declared 25 to life to be unconstitutional.
Many fact patterns have been the subject of this argument, including tiny quantities of drugs or nearly valueless thefts. No luck at all to date, and only that one defense decision. However, the appeals and writs will continue to be filed; and the sex registration case means that there is a very small chance that things might change in the future. (After all, no one predicted that the sex registration case was going to make new law.)

My husband recently mentioned to me a case People vs McPherson(?)....where it goes into the enhancement law....He didnt have alot of information on it. Just that there is a case where someone is opposing the enhancement given because the time being given for past crimes is too high-- and its like being sentenced again for the same thing.

I have been looking and looking... but I havent found anything new-- that gives the impression that the sentencing enhancement laws are up for review???? Has anyone heard different? Also I havent found any case regarding "McPherson" that is current or that is in California.... Should I be looking in a particular area?

Sorry for all the questions.... its just that if my husband could find a way to fight his enhancement (which are crazy!!!!) he could be out tomorrow!

thanks for any help

Nancbee4
07-03-2009, 11:46 PM
Is there an average sentence length for a first strike? My son was arrested for residential burglary. No weapons, nobody home, nothing really taken, some dammage to the house when he broke in. He has drug use problems and never did anything like this before at all. He says they are offering him one strike and a 6 year sentence. Does this sound typical?

Gryphon
07-04-2009, 01:10 AM
I'm unclear about what his sentence was.
1st strike usually means that the new case is a strike conviction, and residential burglary is in fact a strike, but no previous strike enhancement that'd double the sentence.
However, a 6 year sentence is more than residential burglary carries with enhancements, so I suspect that he had a prior strike that enhanced a 3 year sentence and caused the 3 years to double to 6 years.
Whether that sentence is reasonable depends on his rap sheet, whether he was still on probation, what his strike was for, and quite a few other factors as set forth in the CA Rules of Court when determining whether a crime is mitigated or aggravated.
Armed with complete knowledge, an experienced attorney who knows the sentencing court can tell you if the sentence was unusual. Local knowledge is important because things can be very different between counties, and even between judges in the same courthouse.

Is there an average sentence length for a first strike? My son was arrested for residential burglary. No weapons, nobody home, nothing really taken, some damage to the house when he broke in. He has drug use problems and never did anything like this before at all. He says they are offering him one strike and a 6 year sentence. Does this sound typical?

Nancbee4
07-04-2009, 08:39 PM
Thanks for the response. He was not sentenced to 6 years. He called and said that was an offer they made. He is a bit "learning disabled" and also is bipolar so sometimes he confuses what they are saying. I wonder if they were trying to scare him? He does not have any past strikes. He has been to state prison for "possession of stolen property" (ice chest worth $390.00) Then he served a second time for being a passenger in a stolen car. I think he served a little over a year that time. Then he went the last time because he was on parole and had a bunch of old camping equipment in his room and had an old rusty hunting knife. Parole came for a visit and saw it. He was positive for drugs so they kept him for a parole violation and dropped the charge for the hunting knife down to some low charge but still had him serve 8 months. He spent most in county and went to state for the last two month. I am sure he had no prior strikes. I talked to his parole officer. He was high on meth when they arrested him and made many angry statements to the police that did not help his situation. I am just wondering what the typical sentence for a first strike might be. 2 years? 3? I have been trying to look up info on line and I am confused. I can't afford to hire a private attorney. I have already spent much trying to pay off his fines, medical bills and other issues. I feel he will repeat as well and am afraid to think where he is headed. Thanks for info. This is stressful. :(

Nancbee4
07-04-2009, 08:41 PM
I did have one more question. If my son is sentenced and receives a "1st strike" can he serve "half time" for that or will it be different. In the past his three prison stays have all been "half time".

Gryphon
07-05-2009, 05:29 PM
I did have one more question. If my son is sentenced and receives a "1st strike" can he serve "half time" for that or will it be different. In the past his three prison stays have all been "half time".
If it is a non-occupied residential burglary, that is 50% (without a prior strike acting as an enhancement). If it is occupied, that is 85%.

Gryphon
07-05-2009, 05:42 PM
My guess is that he two 1 yr. prior prison term enhancements, which then increases his possible exposure. The 6 yr. number could have come up a few different ways, one of which was a crummy offer from the DA. With prior felonies and a parole violation, he could be at risk for an upper term if he lost at trial. The DA won't be wanting to offer him a great deal, and the Judge isn't going to want to do much better. Still, where I work I'd expect an offer of around 4 years for an early disposition.

There is no "average" for what a strike (serious or violent felony) carries. You are talking about trying to compare child molestation, murder, threatening to hit someone, and stealing a bicycle out of a garage. If you narrowed your question to just Residential Burglary, you'd see sentences from 90 days to life in prison, depending on the rap sheet and value of the theft. The same crime that would carry 90 days for one inmate could result in a life term for a different inmate. A Residential Burglary for a person with little or no rap sheet might be 6-8 mos., but for a substantial rap sheet might be 3 years.

You might want to make sure that the present trial attorney has as much information as possible regarding any mental health issues. It might help negotiate teh pending case, but it also is good to leave a record of such issues in case there is a future case and a prosecutor has alleged one or more strikes.

Thanks for the response. He was not sentenced to 6 years. He called and said that was an offer they made. He is a bit "learning disabled" and also is bipolar so sometimes he confuses what they are saying. I wonder if they were trying to scare him? He does not have any past strikes. He has been to state prison for "possession of stolen property" (ice chest worth $390.00) Then he served a second time for being a passenger in a stolen car. I think he served a little over a year that time. Then he went the last time because he was on parole and had a bunch of old camping equipment in his room and had an old rusty hunting knife. Parole came for a visit and saw it. He was positive for drugs so they kept him for a parole violation and dropped the charge for the hunting knife down to some low charge but still had him serve 8 months. He spent most in county and went to state for the last two month. I am sure he had no prior strikes. I talked to his parole officer. He was high on meth when they arrested him and made many angry statements to the police that did not help his situation. I am just wondering what the typical sentence for a first strike might be. 2 years? 3? I have been trying to look up info on line and I am confused. I can't afford to hire a private attorney. I have already spent much trying to pay off his fines, medical bills and other issues. I feel he will repeat as well and am afraid to think where he is headed. Thanks for info. This is stressful. :(

DonFromWI
07-06-2009, 11:30 AM
The residential burglary carries 2, 4, or 6 years in the state prison, and a strike. It sounds like they are offering him the middle term (which is the typical one used when sentenced), plus the two 1-year enhancements that Gryphon mentioned for his recent prior prison terms. Unless there were other charges that are being dropped, it really doesn't sound like a deal at all. If the residential burglary were the only charge, his maximum exposure would be 6 years for the high term of the charge, plus the two 1-year enhancements for a total of 8 years (and a strike). So 6 years and a strike really doesn't sound like much of a bargain. If I were him, I would hold out unless there are other charges that are being dropped.

The joker in the deck is whether anyone was home when he broke into the residence. This does not require that he actually encountered anyone while inside the structure. With nobody present, the crime is a serious but not violent felony, still is a strike, would probably result in the mid-term used for sentencing by the judge if he lost at trial, and would be served at 50%. If somebody was present, the crime is now considered a "home invasion" burglary which is a violent felony and would be served at 85%. Additionally, there would be a good chance of the judge using the upper term (6 years) if he was found guilty at trial. So he could get 8 years to serve at 85% if this was the case.

The scenario that I see is that someone was present when he attempted to burglarize the residence. They may be offering him a plea to a serious but non-violent burglary charge (i.e. drop the home invasion aspect), with the middle term and the two 1-year enhancements for his punishment. This would allow him to serve his sentence at 50% but still give him a strike. If the strength of evidence against him is strong (i.e. he was caught in the act of committing this crime), this is probably a pretty good deal.

You need to get more information about the situation and what evidence the authorities have, as well as find out all of the charges he is facing, before you can advise him whether this is a good deal or not. Get a copy of the police report, and find out what charges he is facing from the courthouse.

I wish you and your son the best.

DonFromWI

Nancbee4
07-07-2009, 11:18 PM
According to my son (who was very high when this took place) he was not in the house at all and was arrested down the street. There was wall damage between an outside waterheater shed type thing and the wall into the garage the shed was up against. There had been some sort of hole there or perhaps an opening that was made larger. When they picked up my son they said he had bits of sheet rock in his hair and on his sweatshirt. THen my son made it worse by getting angry and combative with the police and further incriminating himself. Now, he denies being in this house at all and says they simply made it all up. My son is very bi-polar and delusional at times. Drugs do not help this problem at all. I can't guess what the truth is here. I will try to look over the police report. He called and apparently he agreed to some deal that does give him one strike and I am not sure about how much time. However, he is upset about this now and says he does not know why he agreed to it after discussing the implications of a strike with other inmates. I do what I can for my son but he continues to shoot himself in the foot each time. I would like to see the police report. I have tried to get those before and been told only HE can get one and not me.

Nancbee4
07-07-2009, 11:20 PM
I might add.....apparently he didn't take anything at all. The police state he broke into the garage but didn't find anything missing. There is damage to a garage wall.

morazan
07-20-2009, 07:42 PM
My guess is that he two 1 yr. prior prison term enhancements, which then increases his possible exposure. The 6 yr. number could have come up a few different ways, one of which was a crummy offer from the DA. With prior felonies and a parole violation, he could be at risk for an upper term if he lost at trial. The DA won't be wanting to offer him a great deal, and the Judge isn't going to want to do much better. Still, where I work I'd expect an offer of around 4 years for an early disposition.

There is no "average" for what a strike (serious or violent felony) carries. You are talking about trying to compare child molestation, murder, threatening to hit someone, and stealing a bicycle out of a garage. If you narrowed your question to just Residential Burglary, you'd see sentences from 90 days to life in prison, depending on the rap sheet and value of the theft. The same crime that would carry 90 days for one inmate could result in a life term for a different inmate. A Residential Burglary for a person with little or no rap sheet might be 6-8 mos., but for a substantial rap sheet might be 3 years.

You might want to make sure that the present trial attorney has as much information as possible regarding any mental health issues. It might help negotiate teh pending case, but it also is good to leave a record of such issues in case there is a future case and a prosecutor has alleged one or more strikes.
is it the same if you plea bargain or if you go to trail and are found guilty?do you still get the strikes and how you know if you have them,does it say in the sentencing papers?
thank you so much for your help.

lilg
07-23-2009, 04:39 AM
First off when you take an offer you lose your grounds for appeal.You've already copped to it.I can absolutely guarantee you if its your 2nd you're gonna get at least mid DOUBLED.In my actual personal experience my first strike wasnt sentenced as 1 but you see it when you get your prison paperwork.

GOOD NEWS THO STRAIGHT FROM A 3RD STRIKE LIFER FRIEND OF MINE IN CCWF..BPT IS NOW REVIEWING NON-VIOLENT 3ST CASES.Trip, huh? It's as if they're just gonna bypass arnold & just get something done right for a change!!

YEAH LET MY PEOPLE GO HA HA!

morazan
07-23-2009, 01:45 PM
First off when you take an offer you lose your grounds for appeal.You've already copped to it.I can absolutely guarantee you if its your 2nd you're gonna get at least mid DOUBLED.In my actual personal experience my first strike wasnt sentenced as 1 but you see it when you get your prison paperwork.

GOOD NEWS THO STRAIGHT FROM A 3RD STRIKE LIFER FRIEND OF MINE IN CCWF..BPT IS NOW REVIEWING NON-VIOLENT 3ST CASES.Trip, huh? It's as if they're just gonna bypass arnold & just get something done right for a change!!

YEAH LET MY PEOPLE GO HA HA!
Thank you for your info.in my friends case i got his minutes from court and it doesn't say anything about having strikes, he is already serving his time in prison and the counselor haven't say anything either, so maybe because he went to trial instead of pleading do you think maybe he doesn't have strikes?