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September 14, 2004
Change to California's "Three Strikes" law
Proposition 66, on this November's ballot, provides needed changes to California's "Three Strikes" law. The initiative requires that the felony conviction triggering the enhanced sentence be a "serious" or "violent" felony. Residential burglaries would not trigger enhanced sentencing absent a special finding that another person was present in the residence at the time of the burglary.
Recent polls suggest that the initiative is widely supported by voters. However, the Governor has agreed to oppose the initiative. Family members of "three strikes" inmates should donate money in support of the initiative as the Governor's opposition represents a significant threat to its passage.
The initiative provides for retroactivity. If it passes, inmates serving "three strikes" sentences who would not be so sentenced under the new law will be able to return to the trial court for resentencing. Let me know if you or a family member may be affected by the initiative.
Posted by Tim Warriner at 10:41 AM