| 1. |
There are substantial differences between the three strikes law by the Legislature (Pen C §667(b)-(i)) and the one enacted by Prop. 184 (Pen C §1170.12). |
True |
False |
| 2. |
If a defendant has one strike prior and commits a new felony, he or she must serve four-fifths of the sentence in prison. |
True |
False |
| 3. |
A defendant's prior conviction sustained before March 7, 1994, cannot be used as a strike prior. |
True |
False |
| 4. |
If the defenant's current offense occured after March 8, 2000, the new priors added by Prop. 21 can be used as strikes. |
True |
False |
| 5. |
Out-of-state felony convictions that have all the elements of a <i>violent</i> or <i>serious</i> felony in California can be used as strikes priors. |
True |
False |
| 6. |
Juvenile adjudications for designated crimes can be used as strike priors if the defendant was at least 15 years old when the prior crime was committed. |
True |
False |
| 7. |
To qualify as a strike prior. a juvenile adjudication must be for a crime listed in Welfare and Institutions Code section 707(b). |
True |
False |
| 8. |
Prop. 21 added residential burglaries involving garages attached to houses ot the list of statutory strike priors. |
True |
False |
| 9. |
A prior conviction that is reduced to a misdemeanor after successful completion of probation cannot be used as a strike prior. |
True |
False |
| 10. |
Strike priors can originate from multiple counts in a single past case even if Penal Code section 654 had barred multiple sentences on those counts. |
True |
False |
| 11. |
When a defendant as one strike prior, the judge doubles the base term for the current felony and for any enhancements. |
True |
False |
| 12. |
If the defendant has two strikes priors, the sentence for a new felony cannot exceed 25 years to life in a state prison. |
True |
False |
| 13. |
A judge can dismiss strike priors with respect to individual counts. |
True |
False |
| 14. |
A defendant with strike priors cannot participate in a deferred entry of judgment programs. |
True |
False |
| 15. |
If a defendant with one strike prior is convicted of a multiple current crimes, consecutive sentencing is mandatory unless the current felony convictions are committed on the same occassion or arise out of the same set of operative facts. |
True |
False |
| 16. |
If a defendant has one strike prior and the judge orders consecutive sentencing on multiple counts, the judge doubles the base sentence on the principal term and doubles a third of the middle term on the remaining counts. |
True |
False |
| 17. |
A defendant with two strike priors can receive a separate 25 years to life sentence for each new felony count. |
True |
False |
| 18. |
A judge cannot grant a defendant probation if the defendant would have been eligible for a 25 years to life sentence under the three strikes law. |
True |
False |
| 19. |
A judge has the power to reduce a "wobbler" to a misdemeanor even if the defendant has multiple strike priors. |
True |
False |