Legal Question in Criminal Law in California

Can felony possession of controlled substance (methaphenamie, 0.1) be used to strike a person out. lets say that the person already has two strikes, with one previous prison prior of possession? or did the romero act stop people with possession of a controlled substance charges from getting a third strike for possession?


Asked on 2/06/11, 3:49 am

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

There is no such thing as "the Romero Act."

People v. Romero is a case that says the judge has the right to dismiss a prior "strike" conviction for sentencing purposes. However, judges retain discretion whether to exercise that right.

Yes, it is possible for someone to be sentenced to 25-life, if convicted of felony possession of a small amount of methamphetamine, with two prior convictions that qualify as "strikes" under the Three Strikes law. Strikes are the serious felonies defined in Penal Code 1192.7(c) and the violent felonies listed in Penal Code 667.5(c).

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Answered on 2/08/11, 4:21 pm
Terry A. Nelson Nelson & Lawless

Any prior felony and some violent misdemeanors can be a 'strike'. With two priors / strikes, you can face 25-life if convicted of a third offense. Time to get serious about hiring counsel? Feel free to contact me.

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Answered on 2/08/11, 5:49 pm


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