MEDIA ADVISORY – FELIX GONZALEZ PROP 36 HEARING

Orange County District Attorney
Media Advisory

For Immediate Release
Case # 96CF0108






January 29, 2013

Susan Kang Schroeder
Chief of Staff
Office: 714-347-8408
Cell: 714-292-2718

Farrah Emami
Spokesperson
Office: 714-347-8405
Cell: 714-323-4486

MEDIA ADVISORY

 

WHO: Inmate Felix Guzman Gonzalez, 55

 

WHAT: Will continue to serve his current Three Strikes sentence of 25 years to life in state prison and was denied resentencing at a Proposition 36 hearing by the Honorable James A. Stotler.

 

WHEN: Friday, Jan. 25, 2013

 

Criminal Background of Gonzalez

In July and August 1991, Gonzalez was convicted of two felony counts of robbery, and one felony count each of residential burglary and assault with a deadly weapon which were his first Two Strikes. In 1996, Gonzalez was sentenced to 25 years to life in state prison for a Three Strikes conviction for possession of marijuana for sale with the 1991 priors for robbery and assault with a deadly weapon.

 

While incarcerated between Dec. 17, 1991, and Dec. 19, 2010, Gonzalez assaulted other inmates, cellmates, and a staff member on twelve separate occasions. Most recently, Gonzalez broke his cellmate’s jaw and ribs and spit on a staff member.  

 

Deputy District Attorney Chris Kralick opposed Gonzalez’ resentencing on behalf of the Orange County District Attorney’s Office (OCDA), arguing that, even in a controlled environment, the inmate is consistently violent and has repeatedly failed to abide by the rules.

 

This was the first Proposition 36 petition denial in Orange County since its inception in November 2012. It is the OCDA’s intent to scrutinize every petition, conduct a case-by-case analysis, and vigorously uphold public safety by arguing against the release of all inmates who pose an unreasonable danger to the community.  Gonzalez was afforded his due process in multiple legal hearings, trial(s), and appeals, both pre and post-conviction but represents an unreasonable risk of danger to the public and will remain incarcerated.

 

What is Proposition 36?

In 1994, California voters passed the Three Strikes Law, which allowed state courts to impose a sentence of 25 years to life in prison for defendants convicted of two prior serious or violent felonies upon conviction of a new felony offense. As Three Strikes sentencing is imposed at the discretion of the presiding judge, less than 10 percent of defendants eligible to be sentenced under Three Strikes in Orange County received the 25 year to life sentence.

 

On Nov. 6, 2012, Proposition 36 passed in California, limiting the Three Strikes Law primarily only to offenders who had been conv