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The ABCs of Three Strikes Open Article in Another Window
December 2000
The rules of three strikes sentencing.
General Credit
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