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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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  #26  
Old 06-26-2007, 12:07 PM
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Quote:
Originally Posted by SierraFamily
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?
For a 245 to be a strike, the either have to show personal use of a weapon; or they could show great bodily injury (broken bone, loss of conciousness, sutures).
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  #27  
Old 07-22-2007, 10:34 PM
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My loved one is apart of the three strikes law which really sucks, because two of his felonies were when he was a lot younger, he got his third strike from being caught with 5 dollars of rock cocaine believe it or not!! So he got the 25 yr to life, been in there for almost 12 long long years, have become a man while in there, and I am just hoping that they make him apart of this new appeal. He had 3 more years to go for his parole hearing and I am hoping that they let him home. Thank you for this fact website it has been helpful. Any suggestions to me for me pleasew send them... Thank You all!
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  #28  
Old 07-29-2007, 09:05 AM
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Default what can my son do?

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Originally Posted by cadustin
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!!

Hi, my son is still going to court in california on his 3rd strike for robbing banks. He would of been out November of 2008, but he freaked out when the FED'S came and told him that they had evidence of him robbing other banks. He escaped and was caught 12 hours later. He is still going to court and has been for a year, the DA has not bargin anything on the table yet. During this year he is now being charged twice, one for missing bars on his windows and then they moved him to another cell and now they are trying to charge him for having keys to unlock hand cuffs, small blade, which they are trying to say that is a deadly weapon in his mattress. He says he did not do any of these things. I'm having a hard time understanding why is it taking so long for the DA to bargin with him and why now is the prison trying to accuse him of these things. What chanch will he have? You say they offered your friend 65 years, but ended up with 28 months. I pray to god that can happen for my son

Thank you, hope to hear from you soon.
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  #29  
Old 11-18-2007, 06:13 PM
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Hi Bonnie! It's Cat from the Livermore FACTS chapter. I just joined PTO- I wasn't sure what it was about. But, I really like it. Also like you I wanted to spread the word about people getting involved in FACTS! If enough people get together- go to meetings, get the word out and VOTE in 2008- we will have victory! But people we really need all hands on deck. The law won't change by itself- if we want our loved ones home and prevent other families from suffering as we have then we need everyone to get involved! Please go to FACTS1.com and find a local chapter to join! And educate people about the 3 strikes lie!
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  #30  
Old 11-20-2007, 03:07 PM
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Quote:
Originally Posted by cat4300
Hi Bonnie! It's Cat from the Livermore FACTS chapter. I just joined PTO- I wasn't sure what it was about. But, I really like it. Also like you I wanted to spread the word about people getting involved in FACTS! If enough people get together- go to meetings, get the word out and VOTE in 2008- we will have victory! But people we really need all hands on deck. The law won't change by itself- if we want our loved ones home and prevent other families from suffering as we have then we need everyone to get involved! Please go to FACTS1.com and find a local chapter to join! And educate people about the 3 strikes lie!

I have a guy who I have helped so many times when he got out but each time he has stollen from me and violates his parole. He does another 6 to 8 months and is out again, then not even a week, he's back doing drugs and stealing from me, then he went back for 10 months. Stupid me, I helped him again and he stole from me again. He is now in Castaic waiting on the parole board hearing. They sent me a supena (sp) to show up. His original charge was drug related but been on parole since I've known him. About 3+ years. His parole officer thinks he's a lost cause and as for me, I think that too, because he doesn't respect the fact that it is a privilege to be on parole, and has violated for the 3rd time in 3 years, shouldn't he get 3 strikes and do more time. I BEGGED them not to parole him here but they said they had to. What happens to the victims rights for protection. I know I let him in each time...... butt?

Any way, I know people who are in prison for such little things but doing big time. Why not this guy. Any one who deserves to be there is this guy. The rest are being made an example. Here in Lancaster the judges are giving out time like it's candy. 5 years just for possession, not for sale and was on probation, never in prison before. My man got 16 months and doing 8 and will be out in Feb. I think the judge hated him and didn't care but I thank God that he didn't get 5 years. Still, this other guy is a habitual felon, drug addict/dealer and thief and they just keep letting him out. Any suggestions for me when I meet the parole board?

You can PM me if you want or post here. I do feel for those who have got the 3 strikes and doing life for things so minimal. I think the courts need to be a little more lienant (sp) by viewing the person on a one on one case. As for drugs, there needs to be more rehab resourses or do community service if it's just possesion and no other charge along with it like robbery. My guy (Jermaine) got caught with parafanalia (damn I can't spell for shit) and it wasn't even his. He also got set up but like I said, the judge was an ass and looking at his record, (on probation) he felt he deserved a felon charge just so if he violates again he can do more time. DAMMMMM IT. Why doesn't this other guy get the same treatment? He is a criminal!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Okay, I'll stop for now. Life is not fair no matter what side of the road you stand on. If only they could switch places.

Thanks for your help in advance.
Kathy
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  #31  
Old 11-26-2007, 07:47 PM
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Default sentencing laws in California

I signed the petition and i hope others do to. California needs to revise all it's sentencing laws.
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  #32  
Old 02-01-2009, 06:18 AM
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Hi everybody,
Sorry in advance for my question because maybe the answer is already somewhere on this forum, but I donít have time to browse it all.
So, Iím French and I donít know much about the US legal system. Iíve been corresponding with this guy, who, in time, became a friend, and, see, he got life because of this 3-strikes law. And I know that, had he been better defended, or maybe had he not the ďwrongĒ color of skin, then he would have had a much shorter sentence. What he did does not legitimate a life sentence!
So, here is my question: even though heís been in prison for several years now, is there still hope? I mean, is it possible that he can make appeal, have another trial and be fairly defended this time?
Iím sorry, I donít understand whether or not a court decision is final when it comes to a third ďstrikeĒ, or if the convicted person can ask for another trial?
Iíd be very much grateful if you could answer me. Thanks in advance.
P.S.: I'm sorry, I don't even know if I entered my question in the correct section
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  #33  
Old 02-01-2009, 10:25 PM
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Most inmates doing a life term under 3 strikes didn't commit a crime that justifies a life term. The objective of 3rd strike sentencing has no relationship to receiving a fair sentence for the crime at hand. He received that life sentence because of his PAST crimes.
The only way to get a new trial OR a different sentence is to either win an appeal (there's a limited time in which one can be filed after a trial or a plea); or he could win a Writ of Habeus Corpus. Frankly, the chance of either happening is statistically very small.
Absent these remedies, he'd have to hope for a change in the law. It has been suggested that 3 strikes ought to be changed to apply only to new violent crimes; but that isn't the situation at this time.
3 Strikes is in fact not evenly administered; counties can be very different in the ways it is applied. The general rule is that it must be applied to the defendant unless the defendant falls "outside the spirit of 3 Strikes." This can mean different things in different places.

Quote:
Originally Posted by Grenouille View Post
Hi everybody,
Sorry in advance for my question because maybe the answer is already somewhere on this forum, but I donít have time to browse it all.
So, Iím French and I donít know much about the US legal system. Iíve been corresponding with this guy, who, in time, became a friend, and, see, he got life because of this 3-strikes law. And I know that, had he been better defended, or maybe had he not the ďwrongĒ color of skin, then he would have had a much shorter sentence. What he did does not legitimate a life sentence!
So, here is my question: even though heís been in prison for several years now, is there still hope? I mean, is it possible that he can make appeal, have another trial and be fairly defended this time?
Iím sorry, I donít understand whether or not a court decision is final when it comes to a third ďstrikeĒ, or if the convicted person can ask for another trial?
Iíd be very much grateful if you could answer me. Thanks in advance.
P.S.: I'm sorry, I don't even know if I entered my question in the correct section
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  #34  
Old 02-02-2009, 12:01 PM
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Thank you very much for your reply, Gryphon.
I must say, it kindda depressed me though.
Well, if I understood you correctly, given that my friend has been incarcerated for about 7 years now, i guess it's too late for an appeal, isn't it? So the only hope that's left for him is this Writ of Habeas Corpus I guess...
Does the fact that Barak Obama is now president can change anything? I mean, as a president, can he change this 3-strikes law? I mean, for example, if he received a petition signed by thousands of people from all over the world... then, could he make a difference as a President, or is it just up to each State to decide?
Thanks in advance if you have the time to answer this...
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  #35  
Old 02-02-2009, 09:14 PM
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It is a State, not a Federal law. Change needs to happen at teh State level unless teh Federal Courts decided that the law violates Due Process or Equal protection. The 3 strikes law has been reviewed many times in the Federal courts, and there is almost no good defense law. (To date, the only exception is where a sex offender had a highly technical registration violation where the public was clearly not at risk yet a life term was imposed; and even then a doubled prison sentence was ruled to be just fine.)
Yes, it is depressing. The defense bar has atacked 3 strikes from every angle and there has been almost zero defense law to show for it. The best hope for sentence change will be a change of state law. That was nearly done via voter proposition. but a well organized and financed media blitz killed it. The losing Proposition would have required that a crime be "serious" or "violent" for a strike to be used to enhance it. Earlier proposals for 3 Strikes would have limited it's application to only violent crimes, but in time that was ammended to be applied to ANY felony (including minor drug offenses).

Quote:
Originally Posted by Grenouille View Post
Thank you very much for your reply, Gryphon.
I must say, it kindda depressed me though.
Well, if I understood you correctly, given that my friend has been incarcerated for about 7 years now, i guess it's too late for an appeal, isn't it? So the only hope that's left for him is this Writ of Habeas Corpus I guess...
Does the fact that Barak Obama is now president can change anything? I mean, as a president, can he change this 3-strikes law? I mean, for example, if he received a petition signed by thousands of people from all over the world... then, could he make a difference as a President, or is it just up to each State to decide?
Thanks in advance if you have the time to answer this...
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  #36  
Old 02-06-2009, 07:08 AM
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Thanks again Gryphon. It is indeed all very depressing, but at least, now, I understand much better how it works. Thank you.
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  #37  
Old 02-24-2009, 01:50 PM
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Hey I have a question about the 3-Strikes Law of CA:

Is it possible to get 2 strikes in one trial? My bf had never been to prison before, never had felonies, and only some minor marijuana posession charges on record. For 2 counts of AWD GBI, it seems he got 2 strikes, or so he tells me his lawyer told him, just recently. He's been locked up for a year and a half and just only found out he was doing it behind 2 strikes. I found that really odd he didn't know, and really odd that he got 2 strikes in one trial. There are 2 incidents that occurred, and it is ridiculous because it was reall aggrevated self defense (I was there), so it seems ridiculously harsh to me when I think of the people who only land one strike in a trial that have done more violent or heinous crimes.

Anyway I am confused and flustered about it all.
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  #38  
Old 02-24-2009, 11:02 PM
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Yes, you can pull 2 strikes out of one incident. Happens all the time. It's just one more ridiculous way that the law works and one more reason that it needs to be amended!
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  #39  
Old 02-25-2009, 12:32 AM
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The fact that both strikes came out of one case is a possible mitigating fact if in the future he's looking at a 25 to life term. There's some OK case law on this issue. However, it still all boils down to judicial discretion.

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Hey I have a question about the 3-Strikes Law of CA:

Is it possible to get 2 strikes in one trial? My bf had never been to prison before, never had felonies, and only some minor marijuana posession charges on record. For 2 counts of AWD GBI, it seems he got 2 strikes, or so he tells me his lawyer told him, just recently. He's been locked up for a year and a half and just only found out he was doing it behind 2 strikes. I found that really odd he didn't know, and really odd that he got 2 strikes in one trial. There are 2 incidents that occurred, and it is ridiculous because it was reall aggrevated self defense (I was there), so it seems ridiculously harsh to me when I think of the people who only land one strike in a trial that have done more violent or heinous crimes.

Anyway I am confused and flustered about it all.
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  #40  
Old 02-28-2009, 10:09 PM
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Well what I am most worried about is that he went from a non-felon to a 2-striker in one sentencing for 2 counts of AWD GBI, which was done in self defense (the attacker got out of it by testifying for the DA). Anyway, the chance of catching a 3rd strike worry the hell out of me, esp if he's locked down for another 3.8 years, and even if he is an angel, I'd worry about his cellie, the people around him, etc.... god I hate prison and I hate CA prison the worst.

I'm going to be a nervous wreck for the next 4 years.... :-(
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  #41  
Old 03-01-2009, 01:36 PM
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Your fears are entirely justified. It isn't uncommon for someone to pick up the third strike while in prison. DAs assign prosecutors to work at state prisons in their counties, and 3rd strike work is a lot of what they do.
However, once he gets out he's going to have 25 to life hanging over his head every day of his life. That's a lot of risk, and a lot of pressure. It is a lot to ask of anyone who's life was in a place where they ended up picking up 2 serious or violent crimes in the first place. Hopefully, life will be rock solid stable when he gets released; but that's the unusual case.
Perhaps in time 3 strikes laws will be modified so that only serious or violent crimes trigger 25 to life. That'd allow for things like drug possession to not trigger a 25 to life term in prison.
I feel badly for families of people like this, because there really is no alternative to living in a constant state of fear and paranoia; or in the alternative build a great big box and put that fear in a compartment. The fear can eat you alive, and the compartment method messes you up over the long haul in other ways. I have no cure to offer, but I certainly understand your anxiety.

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Anyway, the chance of catching a 3rd strike worry the hell out of me, esp if he's locked down for another 3.8 years, and even if he is an angel. (
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  #42  
Old 03-02-2009, 11:10 AM
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You put it all on the altar. God did not give us a spirit of fear, but of sound mind......
You pray that your loved one is walking with the Lord and that the Hand of God stays on him or her and keeps them safe. I always pray for God to post the biggest angels He has around my husband, especially when he has to leave his cell. You encourage them to stay in the Word, to spend time with the Lord, and to use the time they are inside to do whatever work God has for them there.

Not sure why, except for my abiding faith, but I never go through even one day of fear. I know that no matter what happens to my husband, that he is in God's hands, and it is in God's will. He spends his time trying to teach others to read (using the Bible), does his best to walk as a godly man in an ungodly place, provides food and other items (books/cd's) to others less fortunate, and includes at least 2 hours of Bible study / praise and worship into each and every day.

As for me, I stay in a state of fasting, sometimes from food, but generally in a state of Isaiah 58 fasting. It keeps me covered! Two weeks ago, when driving up for a visit, I made it over the Grapevine through torrential rain, then as I exited the freeway in Corcoran, my car went out of control and I ended up in a ditch. But I wasn't scared, not even a tremble. I wasn't hurt and there wasn't a scratch on my car. AAA pulled me out and I was on my way. Then, on the way back home, I had noticed that the air in my driver side front tire was just a little low. So, I knew a place in Bakersfield where there was a Starbucks and a gas station. As I traveled the hour to get there, I almost passed it up and kept going to another station, but moved over three lanes to exit as I had originally planned. As I got to the end of the exit, my tire went completely flat! Went to the Starbucks and called AAA (again) who put the donut on so that I could trek over to Walmart and have the tire fixed. Ended up that there was a nail in it. Probably what caused the skid out in the first place. But again, I was covered in the moment of what could have been disaster. My car was on a 60-70% angle in the ditch and could have easily rolled.

All this is just to say, stay focused on what it is that God has for you to do. For me it's to be His hands and feet in prison / sentencing reform. Something that 8-9 years ago, I knew nothing about, and had no interest in. Now I am passionate about it, not only for my husband, but for the thousands who are wrongly accused and for the thousands of others held hostage to unjust laws.

Have a blessed day!
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  #43  
Old 03-02-2009, 12:29 PM
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Beautifully and perfectly said!
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Old 03-06-2009, 09:36 AM
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I agree that was so beautiful..God is amazing...If only we would let him do his work in us & have faith in him always not sometimes....
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Old 09-30-2009, 03:16 AM
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good luck and stay strong
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  #46  
Old 10-13-2009, 08:09 PM
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I need someone's help regarding the 3 strikes. I was told under the "New 3 Strikes Forum" that my boyfriend has to serve the full 100% of his sentence instead of 4 years with 80%.

My boyfriend MIGHT GET OUT at 80% if he programs.

I was under the assumption that he only has to serve 80% of his sentence and that he could get out earlier if he programs or displays "role model" behavior.

Someone help me. I don't think we can bare to be apart for 4 years. Is there any advice or anything we can do to lower his sentence???
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Old 10-13-2009, 10:28 PM
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I need someone's help regarding the 3 strikes. I was told under the "New 3 Strikes Forum" that my boyfriend has to serve the full 100% of his sentence instead of 4 years with 80%.

My boyfriend MIGHT GET OUT at 80% if he programs.

I was under the assumption that he only has to serve 80% of his sentence and that he could get out earlier if he programs or displays "role model" behavior.

Someone help me. I don't think we can bare to be apart for 4 years. Is there any advice or anything we can do to lower his sentence???
He has to serve at least 80%.. If he gets in trouble he could serve up to 100%.. Nothing earlier then 80%. My husband also has 4 years/w 80%. When he got his ERD it was 38 months. I think that is what was said in the previous post..
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Old 01-20-2011, 12:07 PM
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aboutdoublingout the time cause of past! can any help me
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Old 01-21-2011, 06:18 AM
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i'm 40 years old, have a college degree, and have been arrested one time in my life (when I was 38 years old). I have 2 strikes. I went to camp, so I served about a year and a half on a 4 year sentence.

I was in favor for the 3 strike law, because I was under the impression that it took three seperate prison terms to strike out, and the third strike would be a felony that would usually result in prison time.

I was in favor of it, because I thought that if someone can't learn their lesson after being in prison twice, then maybe they should be removed from society.

However, now I have two strikes and <could> be serving life for something minor - something that might not even end in county time if it wasn't for that one arrest.

I've been out for almost a year, and have found parole to be easy, pointless, and a waste of time (not to mention tax payer's money). Still, I will continue to go and give a urine sample (even though I have never done drugs). I will continue to work (my employer doesn't know about my record. I worked there several years ago, and was pretty much hired on the spot when I came back). I will continue to live my life.

but I will always have those two strikes looming over me like rain cloud.
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Old 06-11-2011, 11:30 PM
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The specifications of what a is considered a STRIKE is so unclear..... does anyone know where we can go to get the direct details of what is considered a strike and the regulations to be charged with a 2nd or 3rd strike? any info will help.thanks
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Three Strikes Overview from SD Union Trib Inexact California Prison & Criminal Justice News & Events + 3 Strikes 0 03-07-2004 10:37 AM
Three Strikes Law: "Cruel and Unusual" or Just Punishment danielle General Prison Talk 5 11-14-2002 02:56 PM


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