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

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

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Attorney answers 2

Posted

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 on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

Asker

Posted

i found a cite somewhere with a very informative paper written by j. richard couzens, judge of the superior court, placer county (ret) and tricia a bigelow, presiding justice, court of appeal, 2nd appellate dist, div 8 called "the amendment of the three strikes sentencing law." it is dated dec 18, 2012. in it, there is a sample petition. it is fairly straightforward. at the top, PROPOSED PETITION FOR RESENTENCING. below that, IN THE SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF _________________. below that, IN THE MATTER OF THE PETITION OF __________________ with petitioner's name under it. to the side of that, NO. (leave blank), and below that PETITION FOR RESENTENCING PC 1170.126. below that TO THE ABOVE-ENTITLED COURT: and below that, 1. I am the petitioner in the above-entitled matter. 2. I am currently serving a term in state prison as a third strike offender of at least 25 years to life, based on the conviction of a non-serious and non-violent felony, in criminal proceedings in ____________ county, in case number ____________. (Use a separate petition for each county where you received a 25-life sentence as a third strike offender. If you had multiple cases in the county, list all cases.) 3. I am currently serving a term in state prison of at least 25 years to life because I was convicted of and sentenced on the following crimes: (List each crime for which you received a sentence of at least 25 years to life as a third strike offender. List the PC section and name of each crime. 4. List each prior strike that was alleged and proved/admitted in the case by PC section and name of crimes. 5. My current mailing address is: (include name, address and cdc number). then after those, I declare under penalty of perjury that the foregoing is true and correct. Signed on the date indicated below at ______________, California. Dated: _____________ Petitioner________________. if i find the cite again i will list it! good luck! this is sent by either the petitioner or his attorney on his behalf to the court of original jurisdiction in the 3 strike case. the original judge will do the resentencing if it is approved and he doesn't feel the inmate is an unreasonable risk to public safety. the court must prove this if the judge doesn't want to resentence. otherwise, he must resentence based on twice the regular term as a second striker, regardless of how many strikes the inmate has.

Asker

Posted

found it! check capcentral.org for prop 36 analysis and sample petitions.

Posted

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.

Asker

Posted

check capcentral.org for prop 36 analysis and sample petitions.

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