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Home -> About Three Strikes -> The FACTS 150 -> Story #3

LucianoOrozco

Type:3rd StrikerSentence:25 years to life

Forpossession of .05 grams of heroin

Type:Date:Strike(s):

Current01/01/1996CS Possession

Prior05/14/1981Residential burglary

Prior05/10/1988Residential burglary

Race ethnicity:Hispanic-Mexican

Physically disabled:N/A

Mentally disabled:N/A

History of suffering from substance abuse:Yes

Marital status:Married

No. of Children:1

Highest ed level:GED

Military service:Yes, Army 77-79

Employed at time of current conviction:N/A

Paraphrased summary of comments made by prisoner and/or others:

Current conviction was for possession of .05 grams of heroin. The prior burglary in 1981 wasn't classified as "serious" in 1981

and Luciano (Chano) simply went along with an acquaintance. The burglary in 1988 involved an unusual series of events and

should have been argued down to trespassing. Chano's car had broken down and he needed to call a service station or tow

truck for help. As luck (obviously "bad luck" it turned out) would have it, Chano was close to his mother's home and decided to

telephone from her house. Unfortunately, she was not home. Intead of attempting to break into his mother's home, Chano

decided to take the easier route and enter into a dwelling of his mother's tenant's and make the call from there (Chano had

actually previously lived there and knew how to enter it). While he was on the phone, the tenants came home and Chano said to

them, "I'm sorry, brother, I won't do it anymore." Chano then ran past them out the front door, but he forgot to leave behind the

receiver of the phone. His mother gave the tenants credit for 3 months rent and the phone was returned the next day. Chano's

public defender told him to plead guilty and accept a plea bargain, not telling him that this could have been argued down to

trespassing.

Quotes:

N/A

Prisoner believes he or she was wrongfully convicted:N/A

Verification available/done on this story:

Probation report of prior

Response letter received

Abstract of judgement of prior

Talked with wife

Talked with trial attorney

Appellate brief prepared by defense attorney (partial)

Response letter sent

Motions prepared by defense attorney

Letter from prisoner

People available to contact about story:

Wife

Attorney--Trial

Attorney--Appellate