Q: My fiance is serving a life sentence under the 3 strikes law is there anyway we could challenge the court for resentenci
His first strike is for robbery, his second one is for vandalism, and his third one is for assault with great bodily injury. (with enhancements) At the time of his sentencing the judge told him that he believes that a life sentence is unfair but he has no option but to give him that sentence because it is the law
MUCH MORE INFO NEEDED.
THE BEST PERSON TO ASK IF THE LAWYER WHO REPRESENTED HIM AND WHO HAS ALL THE INFO/EVIDENCE AT HIS/HER DISPOSAL.
A: The 3-strikes law has changed and based on the charges you list, your fiancee must have been sentenced under original law. It appears he only has 2 strikes (robbery and GBI), which under the current law, would only require a prison sentence to be doubled. He should be entitled to petition the court for recall of his sentence under Penal Code section 1170.
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