Introduction |
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The Three Strikes law consists of two almost identical statutory
schemes that increase the prison terms of repeat offenders. In most
circumstances, a single prior serious or violent felony conviction doubles the offender's
sentence for any new felony, and two prior serious felony convictions result in a sentence of at
least twenty-five years to life in prison. The first provision was enacted by
the Legislature and codified as Penal Code section 667, subdivisions (b)
through (i). It became effective on March 7, 1994. The second provision was
adopted through the initiative process in the general election on November 8,
1994, and codified as Penal Code section 1170.12.
The California Supreme Court summarized the effect of the statutes in
People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 505-506: "When
a defendant is convicted of a felony, and it is pleaded and proved that he has
committed one or more prior felonies defined as "violent" or "serious,"
sentencing proceeds under the Three Strikes law "[n]otwithstanding any other
law" (§ 667, subd. (c); § 1170.12, subd. (a).) Prior felonies
qualifying as "serious" or "violent" are taken into account regardless of their
age. (§ 667, subd. (c)(3); § 1170.12, subd. (a)(3).) The current
felony need not be "violent" or "serious." (§ 667, subd. (c); §
1170.12, subd. (a).) If the defendant has only one qualifying prior felony
conviction, the prescribed term of imprisonment (or the minimum term if the
current offense calls for an indeterminate sentence) is "twice the term
otherwise provided as punishment for the current felony conviction." (§
667, subd. (e)(1); § 1170.12, subd. (c)(1).) If the defendant has two or
more prior qualifying felonies, the prescribed sentence is "an indeterminate
term of life imprisonment ...." (§ 667, subd. (e)(2)(A); § 1170.12,
subd. (c)(2)(A).) Those defendants who are sentenced to life become eligible
for parole on a date calculated by reference to a "minimum term." The "minimum
term" is the greater of: (a) three times the term otherwise provided for the
current conviction; (b) twenty-five years; or (c) the term required by section
1170 (the Determinate Sentencing Act of 1976) for the current conviction,
including any enhancements, the term required by section 190 (concerning
homicide), or the term required by section 3046 (concerning life sentences).
(§ 667, subd. (e)(2)(A)(i)-(iii); § 1170.12, subd. (c)(2)(A)
(i)-(iii).) Sentencing on all current offenses is generally consecutive (§
667, subds. (c)(6)-(8); § 1170.12, subds. (a)(6)-(8)) without any
aggregate term limitation (§ 667, subd. (c)(1); § 1170.12, subd.
(a)(1)). In sentencing, the court may not grant probation, suspend execution or
imposition of sentence (§ 667, subd. (c)(2); § 1170.12, subd.
(a)(2)), divert the defendant, or commit the defendant to any facility other
than state prison (§ 667, subd. (c)(4); § 1170.12, subd. (a)(4))."
The increased punishment imposed by the Three Strikes law is in addition to any
other enhancement or punishment provisions which may apply (§ 667, subd.
(e); 1170.12, subd. (c)) including the five-year enhancement for each prior
serious or violent felony imposed by section 667, subdivision (a). (People
v. Dotson (1997) 16 Cal.4th 547.)
Defense lawyers first responded to the Three Strikes law by trying to
overturn it. They attacked the law on constitutional grounds. It amounted to
double jeopardy (trying or punishing a person twice for a single wrong), they
argued. It was an ex post facto law, increasing the punishment for a crime
after the crime had already been committed. It imposed punishment that was
cruel or unusual. It was too vague to give the public notice of what acts are
covered by the law. It denied equal protection of the laws, punishing
defendants differently depending on whether the serious or violent felonies
preceded the non-violent, non-serious felony or followed it. The courts were quick to reject these attacks and uphold the statute, however.
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Date last modified: 12/10/99.
