Changes in Three-Strikes Law Brings Hearings to San Diego Courts

In a previous post, I discussed the history of three-strikes laws in California and the criticism of its effects on sentencing, but I didn't go into significant detail about how the law has slowly changed over the past 20 years. In 2000, Proposition 36 gave an avenue for drug offenders to seek treatment rather than face harsh sentencing under the three-strikes laws. More recently, 2012's Proposition 36 directly amended the three-strikes law to allow life sentences only when the third conviction is for a violent or serious crime. Here is a list of the exact changes that went into effect when Prop 36 passed just a few months ago.

• Life sentence on third-strike only if offense is serious or violent. This should mean that we won't see any more life sentences imposed on defendants for stealing a pack of gum or possessing a small amount of drugs.
• Re-sentencing authorized for convicts of non-serious and non-violent offenses who are judged not to be a danger to community. This will mean that many convicts currently serving a life sentence will be able to get their sentences reduced if they meet the right criteria.
• Life sentencing remains for certain non-violent sex or offenses and crimes involving firearms possession. This was included to alleviate critics concerns that too many dangerous undesirables would be let out onto the street.
• Convicts who had previous convictions for rape, murder or child molestation will not be eligible for re-sentencing no matter what their third offense was.

As a result of these changes, many hearings are starting to take place in courts throughout California for inmates looking to rid themselves of life sentences that came from non-violent and non-serious third-strike offenses. The first hearing in San Diego will be held in front of Judge David Danielson of the San Diego Superior Court. The Union Tribune released a story on Saturday detailing some of the upcoming cases. Here is a summary of some of them.

"William Carter, 57, is set for a hearing on Thursday. He has been in prison since 1994 after being convicted of evading a police officer and causing a collision. Carter had a history of drunken driving convictions and assault, according to his court file.

In March, Danielsen will consider the case of Annette Carter, 56, who has been in prison for 17 years. She was convicted of selling a $5 bag of marijuana to an undercover police officer in 1995. She had three robbery convictions, all from a single case in 1981, according to court records. 

 Along with Carter, Danielsen will hear the case of Joel Murillo, sentenced in 1994 for possessing 2 grams of methamphetamine. He had prior convictions from 1983 for robbery and 1984 for voluntary manslaughter."