The Court Opinions Involving Three Strikes

Attorney Maureen L. Fox of Los Gatos has performed a great service to us by giving us the following summaries of significant opinions involving the California 3-Strikes law. Maureen is an attorney who represents criminal defendants on appeal and her e-mail is ATTORNEY_FOX@prodigy.net.

	Introduction
	Cruel and Unusual Punishment
	Dismissing a Strike
	Multiple Strike Priors Based on a Single Prior Incident
	Other Multiple Uses of Prior Convictions
	Prior Juvenile Adjudications as Strikes
	Uses of Expunged Felonies as Strikes
	Effect of Strikes on More than One Current Conviction
	Notice that Prior Convictions will be Used as Strikes
	Challenging the Prior Convictions
	Out-of-State Prior Convictions
	Jury Determination of Priors
	Double Jeopardy
	Consecutive Sentencing
	Burden of Proof of Prior Conviction
	Waiving Right to Trial of Prior
	Limitation on Custody Credits
	Calculating the Minimum Term of the Indeterminate Life Sentence for A Third-Striker
	Proposition 36--Rehab Instead of Incarceration for 1st and 2nd time Drug Offenses.

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Date last modified: 10/09/02.