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Appealing California "Three Strikes" Sentences

By Neil Shous, Esq.

The courts have generally upheld California?s Three Strikes Law as constitutional. However, there are times when its application constitutes ?cruel and unusual? punishment which is unconstitutional. Fortunately, when this is the case, the law provides a remedy?you can appeal a California ?Three Strikes? sentence. California?s ?Three Strikes? law was originally designed to keep habitual, violent criminals behind bars. The law significantly enhances prison sentences for individuals who commit serious or violent felonies. Once an individual has committed two of these offenses, he/she faces a mandatory 25-years-to-life in prison for committing any felony?even if that third felony isn?t classified as serious or violent. Hypothetically speaking, this means that someone who has committed two serious felonies who goes on to steal some medicine for his sick child?medicine which he cannot otherwise afford?could be imprisoned for life...continue to full post

Full post as published by California Criminal Defense Blog on December 02, 2010 (boomark / email).