|For Immediate Release
January 10, 2013
|Susan Kang Schroeder
Chief of Staff
WHAT: The 23 cases listed in the chart below involve inmates who were convicted of a Third Strike offense and are scheduled for resentencing proceedings under the newly-passed Proposition 36.
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 convicted of “serious or violent” offenses as their most recent offense. Defendants who committed two violent offenses before committing a non-violent felony offense may be eligible to file a petition to get a hearing to be released under Proposition 36. The new law authorizes re-sentencing for defendants currently serving Third-Strike life sentences if the defendant files a petition and the judge opines that resentencing does not pose an unreasonable danger to the public. To date, the Orange County District Attorney’s Office (OCDA) has received over 80 petitions for resentencing under Proposition 36.
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. Each inmate has been afforded his or her due process in multiple legal hearings, trial(s), and appeals, both pre and post-conviction.
WHEN: Tomorrow, Friday, Jan. 11, 2013
WHERE: Central Justice Center and Civil Complex Center, Santa Ana