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California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

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  #1  
Old 09-29-2005, 06:06 PM
freedom anjel freedom anjel is offline
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Default Three Strikes Facts

I urge all those whose lives have been impacted by Three Strikes to get involved with the reform. Join the nearest FACTS chapter and do whatever you can to help. Here is the link to the current chapter information:

http://www.facts1.com/Action/Chapters/

If we don't come together and be a part of the solution in a unified and organized fashion, then we have no one to blame but ourselves.

PLEASE, PLEASE, PLEASE!! JOIN TODAY!! EVEN IF YOU CAN'T MAKE ALL THE MEETINGS. EVEN IF YOU CAN'T TAKE PART IN ALL THE ACTIVITIES. YOU DO MAKE A DIFFERENCE!!

Believe me CCPOA is a unified force in support of Three Strikes. There are only 65,000 of them, yet there are over 40,000 serving time on a second or third strike. Of these 40,000, 11,832 are classified as Property Offenses, 9,180 are classified as Drug Offenses and 3,764 as Other Offenses. That's almost 25,000 of the 40,000 for crimes where no one was hurt.
http://www.corr.ca.gov/OffenderInfoS...RIKE1d0412.pdf

There should be thousands of us lined up at FACTS meetings to see what we can do to help. If we are to be ready to fight this monster again in 2008, we need to be gearing up now! Won't you please search your heart and call the nearest FACTS chapter today?? We need you, but more importantly, your incarcerated striker needs you to fight for them.

God bless
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Old 11-03-2005, 04:25 PM
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In response to your request to get people invoved in the 3X law I visited the site you mentioned. I am already a member however I never hear from anyone @ FACTS..........Hmmmmmmmmmmmmmmm???????????????
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Old 11-11-2005, 01:12 AM
freedom anjel freedom anjel is offline
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Where do you live Cry and what Chapter do you belong to? I'll make sure you are contacted. I know our chapter (Inland Empire) has been dormant for a few months because no one was showing up at the meetings, so it became tedious for me to put together agendas, purchase snacks, make coffee, etc. and have no one show up. Lots of reasons, but the bottom line is you can only have so many meetings by yourself. Please see the latest post on the new Three Strikes initiative for 2006 and contact your chapter to get involved. My prayer is that all those that came to our meetings once or twice will now rally around the initiative and make FACTS a priority in their lives. I know I will!
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Old 12-09-2005, 12:42 PM
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My husband has his first strike but he was recently sentenced and he wasn't given a Second strike. Does anyone know why? I am happy he didn't but they did give him 32 months for burglary. Which he didn't do. We all got arrested together. You see we were @ the movies when his friend calls and says he wants a ride to get something from his uncles truck so we take him and we didn't think nothing of it because he just went into the truck like nothing and grabbed some stuff and once we turned the corner we got pulled over. And we were all arrested for burglary. Me and his friend were let go except for my Husband. Turns out that his "friend" said that my husband took him to steal from the truck and pinned everything on my man which was easy to do because it was my mans truck Now he was told that he can get time off by going to fire camp but alot of people say he can't because of his previous strike and he is being told that he can????? His lawyer even said there was a chance he could because he finished his probahtion and was fine for a while until this happened. Any info will help alot!!!!!!!
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Old 01-04-2006, 12:44 AM
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My husband caught 2 strikes when he was barely turned 17 for robbery that he didn't do but was there when it happened. The person who did it didn't get no strikes at all but since my husband was 17 at the time and since he wasn't the one who did it, he took it to the trial. At the trial the person who did it even said that he is the one who did it and my husband had nothing to do with it but still they gave my husband 2 strikes for it and some juvnile time. Crazy huh! Recently he got pulled over and was scared so he gave the officer someone else's name because of his 2 strikes and got caught with it so they put him in jail, I put together everything i had to bail him out and everything was going good, they were about to let him out than suddenly they told him that he had a juvnile warrant and told him that he might have to do 180 days. I guess he lost it and tried to escape and caught another case. Next day it turns that the warrant was only for not reporting change of address. They gave him 210 day for falsifying identity but at that time they didn't know that he caught another charge. For escape they were trying to 3 strike him. Their best offer for him was 10 years and he was barely 19 at the time, so we got an attorney. Finally he was sentenced to 32 months. But this goes to show you how messed up the system really is. My husband only got in trouble once as juvnile when he caught 2 strikes and this time. More and more people are catching strikes at a very young age. Everyone makes mistakes and no one is perfect but the system sees it the other way. I'm totally against strikes law and i think people should work against it cause you never know it could be you, your husband, your son, your grandson. People who don't have strikes or have any one in their immediate family don't realize the seriousiness of this strikes law but will be soon when it hits you directly or indirectly. So please everyone think about it and lets work together. Thank You.
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Old 01-04-2006, 06:20 PM
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Quote:
Originally Posted by Sanchez06
My husband has his first strike but he was recently sentenced and he wasn't given a Second strike. Does anyone know why? I am happy he didn't but they did give him 32 months for burglary. Which he didn't do. We all got arrested together. You see we were @ the movies when his friend calls and says he wants a ride to get something from his uncles truck so we take him and we didn't think nothing of it because he just went into the truck like nothing and grabbed some stuff and once we turned the corner we got pulled over. And we were all arrested for burglary. Me and his friend were let go except for my Husband. Turns out that his "friend" said that my husband took him to steal from the truck and pinned everything on my man which was easy to do because it was my mans truck Now he was told that he can get time off by going to fire camp but alot of people say he can't because of his previous strike and he is being told that he can????? His lawyer even said there was a chance he could because he finished his probahtion and was fine for a while until this happened. Any info will help alot!!!!!!!
Not all felonies are defined as "strikes". He didn't pick up a second strike if he pled to a crime that wasn't violent and wasn't by definition a "serious felony".
Going to firecamp is a better way to do time, but he'll only earn 20% credits (the same as if he earned credits at any other institution.) It's tough to get to firecamp with a strike; and your man's attorney was no doubt telling it it looks unlikely but might not be impossible. (Although a strike is supposed to keep inmates out of firecamp, the firecamp migh tbe on the lookout for people with certain kinds of skills.) HAving stayed out of trouble for a while means there is a better chance of getting a lower security classification. He'll need a lot of luck to end up in a camp.
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Old 01-09-2006, 01:16 AM
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Gryphon,is a threat to commit bodily injury a serious felony or a violent felony.Blood was never drawn..
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Old 01-09-2006, 01:18 AM
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Gryphon , Sorry one no two more questions . Can a strike be taken away? How does that work? thanks the bullittgirl
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Old 01-09-2006, 01:22 AM
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spice209, Im with you .the strike law sucks.If I knew what I know now i surly would of left the state at 18 to a state that dis=dnt have 3 strike law, now I am stuck here trying to fix things .
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Old 01-12-2006, 01:43 PM
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Thats good to know thanks for the info. My husband is still in reception supposably they told him its taking so long because they are waiting for room on a bus to take him to fire camp. All his other friends have already been transferred. By "friends" I mean guys who were locked up around the same time as him. He has been in reception for 6 months now. So they only way he would have received a second strike would be for like armed robbery or something serious like that?
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Old 01-12-2006, 04:55 PM
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Quote:
Originally Posted by bullittgirl
Gryphon,is a threat to commit bodily injury a serious felony or a violent felony.Blood was never drawn..
Criminal Threats, Penal Code section 422, is a strike because it is a serious felony. It is not by definition a violent felony (so no 85%).

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Old 01-12-2006, 05:06 PM
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Quote:
Originally Posted by bullittgirl
Gryphon , Sorry one no two more questions . Can a strike be taken away? How does that work? thanks the bullittgirl
A Judge has the power to dismiss a strike or strikes, as recognised in the CA Supreme Court case of People v. Romero. A motion to have a strike dismissed is called a Romero motion. For a strike to be dismissed, the court has to find that a defendant is outside the spirit of the 3 strikes law.

A DA can dismiss a strike "in the interest of justice". They can be a tough audience when it comes time to make a pitch based on fairness.

Whenver a Judge or DA dismisses a strike, they have to state the reasons on the record. This makes dismissing a strike a very political decision; given these elected officials are leaving a record that they are "soft on crime".

Lots of times Romero motions aren't brought beause of the way a case negotiates. (For instance, if there's a stipulation to low term doubled because of 1 strike, that might be preferable to doing a weak Romero, losing, and then being sentenced to whatever the Judge feels is fair, up to and including an upper term.)

Strikes on your record is a forever thing. There's no "wash out". Srikes are for life. (In theory, the Govenator has authority to remove a strike conviction from someone's record, but that ain't gonna happen.) Just because 1 Judge doesn't impose a srike, doesn't mean that a future judge on a subsequent case will be bound by that decision.

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Old 01-12-2006, 05:19 PM
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Quote:
Originally Posted by Sanchez06
So they only way he would have received a second strike would be for like armed robbery or something serious like that?
There's a long list of crimes that qualify as strikes. Robbery is one of them. Also: (incomplete list) Assault with a Deadly Weapon IF AND ONLY IF there was personal use of a weapon; Grand Theft of a Firearm; Criminal Threats (threating to hurt someone); any residential burglary; and pretty much any crime that leaves blood on the walls (Manslaughter, murder, mayhem, etc.)
In addition, any felony that is violent, meaning there was sufficient injury inflicted, is a strike. That's why Injury DUI can be a strike, as can domestic violence. Anytime there's sutures, a bone break, or loss of conciousness; that's most likely a strike.
Some crimes that are strikes are decidedly not very serious. Taking a weedwacker from a garage is a strike. Offering to poke someone in the nose is a strike.
Out of state convictions are strikes if the crime would have been a strike in CA. There's a way that juvenile cases can be strikes.
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Old 02-08-2006, 12:19 AM
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I was wondering if anybody has approached the issue of cases that were plea bargains. In the past I mean. I know quite a few guys that are doing a bunch of time on petty cases because years ago they pled to something not knowing that it would bite them in the a$$ down the road. It just seems wrong to me to make a deal under one set of rules, then change the rules and make you pay for it. I think that if they knew what the consequences would be, then they probably would have been more inclined to fight the case. That seems about as fair as getting time tacked on a sentence for a prior conviction when you have already served that sentence. Call me crazy but if you get four years, do that time and get out, and then catch another case sometime and have a year tacked on for the previous conviction, is'nt that just saying "You are going to do five years on that four year term"? I think I got a little off track here but I hope you understand my point.
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Old 02-15-2006, 03:37 PM
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My brother got his 3rd strike in '97. I'm no longer in CA, is there something I can do from out of state? I am going to ask the same question of FACT, but you know what's going on, thought you may answer more quickly.
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Old 02-15-2006, 04:32 PM
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Quote:
Originally Posted by Sanchez06
My husband has his first strike but he was recently sentenced and he wasn't given a Second strike. Does anyone know why? I am happy he didn't but they did give him 32 months for burglary. Which he didn't do. We all got arrested together. You see we were @ the movies when his friend calls and says he wants a ride to get something from his uncles truck so we take him and we didn't think nothing of it because he just went into the truck like nothing and grabbed some stuff and once we turned the corner we got pulled over. And we were all arrested for burglary. Me and his friend were let go except for my Husband. Turns out that his "friend" said that my husband took him to steal from the truck and pinned everything on my man which was easy to do because it was my mans truck Now he was told that he can get time off by going to fire camp but alot of people say he can't because of his previous strike and he is being told that he can????? His lawyer even said there was a chance he could because he finished his probahtion and was fine for a while until this happened. Any info will help alot!!!!!!!


Burglary is considered a violent crime, but the second felony doesn't have to be. Only the first felony has to be violent and any felony there after could be considered a strike. Most inmates take a shorter "deal" to get less time and take a strike. That ends up biting them in the butt cause they get arrested again and DOH!!! now they are screwed. I don't know anything about the fire camp stuff, but usually only 3 strikers are considered high risk.
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Old 02-15-2006, 07:25 PM
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Quote:
Originally Posted by scrubbs sis
My brother got his 3rd strike in '97. I'm no longer in CA, is there something I can do from out of state? I am going to ask the same question of FACT, but you know what's going on, thought you may answer more quickly.

Scrubbs sis,

Of course there is! You can write letters to legislatures, you can send donations to the state office (call them to discuss how you want to donate, as they are non-profit 501 3c status, so they are not tax deductible, but there are a couple of tax ded foundations that support them where money can be sent), you can join in any demonstrations if you are able to travel to them. I'm sure there is more you can do and they'll be better able to advise you at the state office in Los Angeles. Any and all help is welcome!

Thanks and God bless,
Bonnie
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  #18  
Old 11-13-2006, 06:34 PM
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spice---I was just reading through and just read your thread. if you dont mind me asking what county was this in? my husband was given two strikes at the age of seventeen for robbery w/ gbi. the county unsuccessfully tried to strike him out because this crime carried 3 felonies.it is unthinkable that they would try to strike out a 17 yo w/ no previous record. now his life is ruined. he cant even accidently walk away w/ a pen from the doctors office. because he might go down for life for something that was done as a kid (more than a decade ago)

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Old 11-14-2006, 09:36 PM
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Gryphon, I don't think criminal threat is considered a violent or serious offense cuz my hubby got that and is only doing his 80% (strike issues), and I know a couple other people that have that charge as a first offense and are doing 50%. I thought all of the serious and violent offenses carried a mandatory 85%? On that same note, they did try giving my husband 2 strikes for an assult with a deadly weapon (cowboy boots were the deadly weapon), so the personal use of a weapon didn't apply there either, he kicked the guy. Even here too though, they tried to give him 2 strikes on that (it happened when he was 19, he is 44 now) one for violent offense and one for serious offense. Then tried to strike him out on the criminal threat. I just think the laws need to be changed to reflect all actions of violence and serious offenses and do some kind of rehabilitation on the less serious offenses and get the prison system cleaned up!

Quote:
Originally Posted by Gryphon
There's a long list of crimes that qualify as strikes. Robbery is one of them. Also: (incomplete list) Assault with a Deadly Weapon IF AND ONLY IF there was personal use of a weapon; Grand Theft of a Firearm; Criminal Threats (threating to hurt someone); any residential burglary; and pretty much any crime that leaves blood on the walls (Manslaughter, murder, mayhem, etc.)
In addition, any felony that is violent, meaning there was sufficient injury inflicted, is a strike. That's why Injury DUI can be a strike, as can domestic violence. Anytime there's sutures, a bone break, or loss of conciousness; that's most likely a strike.
Some crimes that are strikes are decidedly not very serious. Taking a weedwacker from a garage is a strike. Offering to poke someone in the nose is a strike.
Out of state convictions are strikes if the crime would have been a strike in CA. There's a way that juvenile cases can be strikes.
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Old 11-20-2006, 01:10 AM
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Quote:
Originally Posted by MY BABYS WIFEY
spice---I was just reading through and just read your thread. if you dont mind me asking what county was this in? my husband was given two strikes at the age of seventeen for robbery w/ gbi. the county unsuccessfully tried to strike him out because this crime carried 3 felonies.it is unthinkable that they would try to strike out a 17 yo w/ no previous record. now his life is ruined. he cant even accidently walk away w/ a pen from the doctors office. because he might go down for life for something that was done as a kid (more than a decade ago)
ya I don't get all of this. my BF is 19 and just got his second strike. He received his 1st one when he was 17 for home invasion and then about 6 mos ago got into a fight and they charged him with assault with a deadly weapon after he broke a car window out and someone was in the car at the time. They tried to strike him out, which i thought was absolutely ridiculous. His juvenile record has one or two fights, but mostly under the influence and things like that. Now he's pleaing to 6 years 3 for the assault and 3 for the probation violation and has to complete 80%. he's never been in longer than 6 mos and now he'll be gone for at least 4 years. with the prison's being over capacity this is the stupidest thing any judge could agree too. I'm not saying he didn't do anything, he knows that he messed up, but he does not deserve this! The hard part for me is that I know this won't help him! He's a wonderful person and I love him very much, but I'm afraid of him going to prison! it scares me! Please let me know what I can do to help him! I will do anything to bring him home sooner if that's possible.
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Old 11-21-2006, 12:05 AM
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Monte's -

He got off easy. He could have easily been struck out. He has committed 2 violent felonies - and a serious felony in the last 3 years! I am stunned that he only got 6 months for home invasion. There are people here who's men got 25 years for a home invasion as a first offense.

The main problem with 3 strikes is the way that it is applied. It isn't uniform - it depends on what color you are, who your attorney is, and if the judge had a good round of golf that day.
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Old 11-21-2006, 11:30 PM
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You got this right on the button! We were looking at 65 years, then a plea of 9 years 8 months, then he ended up with 28 months, because we got a good attorney and the judge liked my husband. The DA on the other hand really wanted to see my husband go away for life because of an argument with no physical contact!! What a joke!!

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Monte's -

He got off easy. He could have easily been struck out. He has committed 2 violent felonies - and a serious felony in the last 3 years! I am stunned that he only got 6 months for home invasion. There are people here who's men got 25 years for a home invasion as a first offense.

The main problem with 3 strikes is the way that it is applied. It isn't uniform - it depends on what color you are, who your attorney is, and if the judge had a good round of golf that day.
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Old 11-22-2006, 10:11 AM
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Hi everyone I'm new to this, so bare with me. My son is looking at his third strike with in the next few weeks. Three times he robbed a bank, but never hurt anyone. He scared the living day lights out of the bank tellers with a gun. The first time it was a fake gun, second time he had money in the car and while he was driving he freaked out and thought someone was chasing him, when the cops caught up with him, cops found money in the car. while he was doing his time for the second time the Fed's were trying to find evidence that he robbed other banks, he again got scared and excaped and robbed another bank and now waiting trial. I know he's not going to get the help he needs. I don't understand, I really think when his wife divorced him and he lost custody he started doing drugs and went off the deep end. He use to work 12 - 16 hours a day come home play with his children fix dinner if his wife was not feeling well. She divorced him because he did have a drinking problem. The judge said he is looking at 20 years to life in prison. I just wish they can try to fix him, not just lock him up. Does anyone think their is any hope for my son? What can I say in his behalf that can help him?
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Old 12-26-2006, 06:26 PM
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Hi it's Wendy and I agree with the post to get involved with Facts1.Im with the Long Beach Chapter,and we are having our meeting on Jan 27th at 11:30 here in N.Long Beach.We need your support so please feel free to email me directed. wendygonzales31@yahoo.com. I will be more then happy to help you and or get you the info your looking for to help our loved ones who are affected by this 3 strike law.
Wendy
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Old 06-25-2007, 08:33 PM
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My husband is going to be senteced 7/12 they are trying to figure out if his 1990 felony is a valid or invalid strike, the felony was assault with a deadly weapon, per 1192.7 9(c) great bodily injury must occur
significant or substantial physical injury, his new charge is a non violent felony, is this going to count as a strike?
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