Three Strikes?

[worrisomewife]

What is the name of your state? California

My husband is set to see a judge next week on an 18 year old felony. Apparently, burglary (his crime he's now paying for from when he was 16) is considered a "strike" in California. My husband has what would be considered violent/serious felony convictions in Michigan (he got into a fight, got a felony charge, got caught with guns, got another felony charge).

Is this conviction going to be a "strike"? And if so, is it possible that he going to get life? Do his other two conviction count towards California's Three Strikes and You're Out law?

Thank you
Worrisome

 

[tigger22472]

How long ago was his other felony convictions?

Do a search for three strikes... there is a lot on the web as I did a paper last term on it. Some states have an SOL for convictions as far as the 3 strikes go. I am pretty sure California doesn't, but I'm not sure about Michigan or if it even matters if this is heard in a California court.

Does your husband have a lawyer?

The other issue here is that it wasn't until the mid 90's I believe (my mind has forgotten) that California enacted this law and I'm unsure if this would qualify as it was before the enactment of the law. If in fact it does qualify as his third strike he's looking at a 25 year sentence.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

My husband is set to see a judge next week on an 18 year old felony. Apparently, burglary (his crime he's now paying for from when he was 16) is considered a "strike" in California. My husband has what would be considered violent/serious felony convictions in Michigan (he got into a fight, got a felony charge, got caught with guns, got another felony charge).

Is this conviction going to be a "strike"? And if so, is it possible that he going to get life? Do his other two conviction count towards California's Three Strikes and You're Out law?

Thank you
Worrisome

My response:

You bet it does!

If all a criminal needed to do was "move" from State to State and not have his criminal past catch up to him, then there would be no justice. Plan on visiting him for the next 3 or 4 years, getting tired of that type of life, divorcing him, and then meeting an actual gentleman with whom you can feel secure.

IAAL

 

[CdwJava]

If convicted a first degree burglary, with his two priors in MI he COULD face a third strike! He better do some fancy dealing to avoid 25 to life.

- Carl

 

[worrisomewife]

Does it matter that he was a juvenile, and that the crime was supposedly committed 7 years before the law was enacted?

 

[CdwJava]

Does it matter that he was a juvenile, and that the crime was supposedly committed 7 years before the law was enacted?

That might be his only saving grace. I am not positive on that ... I would tend to think it wouldn't be a third strike for those reasons. But, I am not that well-versed in Three Strikes laws.

He needs to consult an attorney ASAP.

- Carl

 

[tigger22472]

Some states that matters some it doesn't. It seems that California DOES count felonies from the age of 16 on. This is speaking of 'prior' offenses but the fact that it speakes of the juvenile is what is important.

A prior conviction of a particular felony shall include a
conviction in another jurisdiction for an offense that includes all
of the elements of the particular felony as defined in subdivision(c) of Section
667.5 or subdivision (c) of Section
1192.7.

(3) A prior juvenile adjudication shall constitute a prior felonyconviction
for purposes of sentence enhancement if:

(A) The juvenile was 16 years of age
or older at the time he orshe committed the prior offense.
(B) The prior offense is listed in subdivision (b) of Section
707of the Welfare and Institutions Code or described in paragraph (1) or(2)
as a felony.
(C) The juvenile was found to be a fit and proper subject to be
dealt with under the juvenile court law.
(D) The juvenile was adjudged a ward of the juvenile court withinthe meaning
of Section 602 of the Welfare and Institutions Codebecause the person
committed an offense listed in subdivision (b) ofSection
707 of the Welfare and Institutions Code.

 

[calatty]

Convictions incurred before the 3 strikes law passed count as strikes, as do out-of-state convictions. However, a juvenile burglary is NOT a strike under People v. Garcia, a CA Supreme Court case. Getting into a fight might be strike depending on whether it was assault with a deadly weapon or without, or whether there was great bodily injury.

 

[tigger22472]

Convictions incurred before the 3 strikes law passed count as strikes, as do out-of-state convictions. However, a juvenile burglary is NOT a strike under People v. Garcia, a CA Supreme Court case. Getting into a fight might be strike depending on whether it was assault with a deadly weapon or without, or whether there was great bodily injury.

It would really depend on the type of burglary too. I find it odd that they are going after him 18 years later if this was a simple burglary. On top of this the third strike does not have to be of serious and violent in nature, just a felony. This was the purpose of Proposition 66 at election time. There are people in jail serving life sentences for stealing pizza and video tapes based on the fact that they were a third felony.

 

[calatty]

It does not depend on the type of burglary. Juvenile burglaries are not strikes.

 

[stephenk]

Also depends if the first conviction was as an adult even though he was 16.