Petition For Resentencing Under Proposition 36

Proposition 36 has passed. It allows certain inmates a right to recall their sentence if the felony that sent them to prison for life is not a violent or serious felony as stated in the new law.  There are certain aspects of the law that you need to understand to make certain it applies to your case.

An inmate is eligible for re-sentencing if:

(1) the current felony was not serious or violent,

(2) the current felony was not any of the other current offenses that still get a 3rd-strike life term, and

(3) Defendant has no prior convictions for any of the offenses that, still cause a 3rd-strike life term. (See p. 1 for a description of those offenses). PC 1170, subd. (e).

If the court determines that petitioner is eligible for re-sentencing, the court will give a 2nd-strike sentence, unless the court, in its discretion, determines that re-sentencing the petitioner would pose an “unreasonable risk … to public safety.” PC 1170.126, subd. (f).

In exercising its discretion, the court can consider:

(1) D’s criminal history,

(2) D’s prison record, and

(3) any other evidence it finds relevant in deciding if a re-sentence would result in an “unreasonable risk … to public safety.” PC 1170.126, subd. (g).

Defendant can waive personal presence if the charges are not amended and no new trial or retrial occurs. The new sentence can’t exceed the old one. PC 1170.126, subds. (h) & (i). If the original judge is not available, a new one presides. PC 1170.126, subd. (j). The resentencing is a “post-conviction release proceeding” under Cal. Const. art. I, § 28, subd. (b)(7) (Marsy’s Law on victim’s rights). PC 1170.126, subd. (m).

If you or a loved one is serving a life sentence under the three strike laws, call the law firm of Wallin and Klarich. If there is a way out, we will certainly find it. Armed with Prop 36, we will help you if you are facing your third strike. Call us now for a free consultation 888-749-0034. We have offices in Los Angeles, Ventura, San Bernardino, Riverside and Orange Counties. We will be there when you call.