Quote:
Originally posted by preciousjeni
You just mentioned THREE misdemeanors! If they are in a 3 strike rule state, three misdemeanors equals a felony. With a felony, the rules of sentencing change drastically.
|
California does have a 3 strikes law but its 3 strikes law does not turn 3 misdemeanors into a felony for sentencing purposes. The propriety of 3 strikes put aside, the law was supposed to sweep career criminals off the street by mandating sentences of 25 years to life, without possibility of parole, for anyone with two "strikes" -- serious or violent felony convictions -- convicted of any new felony. It also doubles prison terms for anyone convicted of a second violent or serious offense.
There is some flexibility to the application of the law too. For example, Grand Theft is usually considered a violent felony, but I was prosecuting a preliminary hearing on a guy who committed petty theft with a prior which becomes GT. He had 2 previous strikes (one for a drug crime and another for PT with a prior). I believe that when his case got to the superiour court he was offered a deal so that he didn't get a third strike for price tag swapping on a blanket that was 4 dollars. Today, prosecutors actually have the option to file or not file under the 3 strikes law.