Prop 36 passed now what do we do I dont see any info out there to get the paper work to apply for resentencing

Asked about 2 years ago - Lemoore, CA

Prop 36 passed theres no info out here to show whats the next step to take for resentencing
is there things family members can do to get the process moving, instead of waiting for the CDCR

Attorney answers (2)

  1. Christopher Robert Martens

    Contributor Level 5


    Lawyers agree


    Answered . The 25 to life sentences can only be imposed when the new third felony is a strike, meaning that it has to be considered a serious or violent felony.
    The new three strikes law will imposes the 25 to life sentences on non serious or nonviolent crimes but only if they fall into certain and specific sex, drug or firearm possession crimes. These sex acts include sexual intercourse with one under 16 with the defendant being 21 or older, rape, or any other offense resulting in mandatory registration as a sex offender. (some exceptions still apply). The specific drug offenses include any violation of California Health and safety Code Section 11379.8 and 11370.4. These offense cover manufacturing, selling, transporting or importing controlled substances where the substance exceeds certain weight requirements. If the defendant used a firearm, was armed with a deadly weapon or intended to cause great bodily injury during the commission of the current offense, he also would still be facing 25 to life if he had two prior strikes.
    It will impose 25 to life sentences for felons previously convicted of extremely serious crimes such as rape, murder, child molestation or any felony offense punishable in California by life imprisonment or death, even if the current felony is non serious or non violent.
    It applies retroactively, meaning that those currently serving life sentences under the old thee strikes law may petition the courts for re-sentencing providing the third felony is not serious or violent. The judge would have to determine that the current inmate does not pose an unreasonable risk to public safety.

  2. Robert Laurens Driessen

    Contributor Level 20


    Lawyer agrees

    Answered . Wait a few months. It should be all figured out by then.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more

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