|For Immediate Release
September 2, 2014
THIRD-STRIKER DENIED RELEASE
WHO: Robert Wayne Perrone, 54
WHAT: Was denied release Friday, Aug. 29, 2014, at a Proposition 36 resentencing hearing by the Honorable Patrick H. Donahue. Perrone is being held at the Richard J. Donovan Correctional Facility, San Diego.
Senior Deputy District Attorney Lynda Fernandez opposed Perrone’s release on behalf of the Orange County District Attorney’s Office (OCDA).
At the hearing, the Court denied Perrone’s resentencing after determining that he continues to pose an unreasonable risk to public safety if released into society. The Court reviewed Perrone’s criminal history, both in and out of prison, and determined that the inmate continues to demonstrate violent and dangerous criminal behavior.
Criminal Background Submitted for Court Consideration
In October 1980, Perrone was convicted of one felony count of second degree burglary and was sentenced to one year and four months in state prison.
On March 15, 1982, Perrone was convicted of a first degree burglary in Montana. He was sentenced to five years in state prison and was released to authorities in California for extradition on an outstanding warrant.
On June 24, 1983, Perrone was convicted of one felony count each of first degree burglary, robbery, assault with a deadly weapon, and a sentencing enhancement for the personal use of a firearm. Perrone was sentenced to nine years in state prison. (Three Strike Offenses)
While in custody awaiting transportation to state prison, Perrone attempted to escape from a Riverside County Jail by attacking, gagging, and tying up a correctional officer. He was immediately apprehended by officers at the jail.
In 1983, Perrone was convicted of one felony count of escape by felony force. He was sentenced to an additional one year and four months in state prison to be served consecutive to his previous nine year prison sentence and was placed in solitary confinement.
In 1990, Perrone was granted parole but it was revoked after he violated the conditions of his parole.
On March 8, 1991, Perrone was granted parole. In April 1991, Perrone was convicted of one felony count of unlawful taking or driving of a vehicle and was sentenced to three years in state prison
In June 1992, Perrone was convicted of one felony count of commercial burglary and was sentenced to three years in state prison. Perrone was granted parole but it was revoked after he violated the conditions of his parole.
In June 1995, Perrone was convicted of one felony count each of check fraud and receiving stolen property and was sentenced to 25 years to life in state prison. (Commitment Offense).
While incarcerated, Perrone committed several prison violations which included participating in prison gang activities, alcohol manufacturing, narcotics trading, possession of hypodermic needles, weapons trading, mutual combat, battery, assault, attempted murder, and murder.
As a result of his actions, Perrone was placed in administrative segregation in 2011.
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 OCDA has received over 100 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 their due process in multiple legal hearings, trial(s), and appeals, both pre and post-conviction.