The ABCs of Three Strikes
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
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