Legal Question in Criminal Law in California

What is the formal motion i need to submit requesting the judge to command CDC to make the record reflect the same, as to only having (1) strike and not (2)?


Asked on 11/24/09, 2:49 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

I don't quite understand what you're trying to do.

Strikes are prior convictions that can increase your punishment for future felony convictions. Serious felonies listed in Penal Code 1192.7(c) and violent felonies listed in Penal Code 667.5(c) are strikes.

If you are convicted of any new felony with one prior strike conviction, you would be ineligible for probation, your sentence would be doubled and you would have to serve at least 80% of the time imposed. If convicted any new felony with two prior strikes, you could be sentenced to 25 years to life in prison.

If you are prosecuted for another felony, the court, not CDC, would determine whether your prior convictions are strikes, and the prosecution would have to prove your prior convictions were on the list of serious or violent felonies. If you have already served your time, the CDC records would be irrelevant.

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Answered on 11/29/09, 1:04 pm


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