Eugene A. Ahtirski Criminal Law Blog on Lawyers.com

The Proposition 36 “Initiative”, approved by California
voters on the November 04, 2012 ballot, significantly changes the current
sentencing scheme for 3 strike offenses. More important, thousands of convicted felons who are currently serving
life terms under the “prior” Three Strikes law may now be eligible for
re-sentencing and possible release. Specifically, the most relevant changes
apply to “3^rd Striker’s” whose third strike conviction was for a non-violent
crime.

In 1994, California
voters originally approved the first “three strikes law” imposing a “life
sentence” for any person convicted of a 3^rd felony, if the
first 2 prior felony convictions originally resulted from either serious or
violent felonies as enumerated in Sections 667 and 1192.7(c) of the California
Penal Code. As a direct result of the original 3 strikes law, people convicted
of everything from for petty theft with a prior conviction (a felony) even where
the crime was as simple as only stealing a pizza, or felony drug possession (personal
use or otherwise) were subject to possible “life imprisonment” based on those
crimes.

Aside from the merits
such sentencing results, the simple truth is that the cost to taxpayers alone
for housing and incarceration was tens of millions of dollars a year. And given
the current state of the California economy, many individuals believed that any
reasonable measure that could be taken to reduce an already financially
over-burdened penal system would be both practical and fiscally sound. Such
people even included the current District Attorney for the County of Los
Angles, Steven Cooley, a supporter of the recent Proposition 36 initiative
approved on November 04, 2012. And Steven Cooley was not alone in his support,
as once the finally tally of votes came in, the initiative to revise 3 strike
passed by an overwhelming majority of 69.3% (See also: “2012 Ballot measure
election results”).

So, what does it all
mean moving forward? In short, for a felony conviction to qualify
as a “third strike” the felony conviction must be either serious or violent
subject to certain exceptions involving certain non-serious, non-violent sex or
drug offenses, or where an underlying crime involves firearm possession.

And as to the thousands of people currently serving life
sentences based on the original “third strike” sentencing requirements, new
sentencing may be allowed if the underlying 3^rd strike conviction
was: (1) not serious or violent (subject to certain exceptions); and (2) A
judge determines that the re-sentencing will not pose an unreasonable risk to
public safety.

Examples of exceptions where re-sentencing will not apply
include prior convictions for rape, murder, or child molestation. In such
cases, a life sentence penalty will still be imposed maintained even if the 3rd
strike conviction is a non-serious or non-violent felony.

For further information on the possible implications of
how the revised statutory scheme of 3 strike law sentencing may affect someone
currently serving a life sentence in California, please contact The Ahtirski  Law Offices 

 http://3strikelawchanges.com