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Third striker receives shortened sentence under three strikes reform measure

Posted on: 08/26/2013

Under Proposition 36, offenders currently serving life sentences are authorized to apply for re-sentencing if their third strike conviction was not serious or violent. Superior Court Judge Thang Nguyen Barrett ruled “There is no express or implied term in the plea bargain that the petitioner would waive and future, unforeseen, or unanticipated relief afforded by any future legislation.”

Since the 59-year-old was sentenced 10 years before the three strikes reform, was never convicted of a violent crime, had an excellent prison record in a weakened condition due to preleukemia, the judge determined the re-sentencing would not pose an unreasonable risk to Public safety and he was eligible for early release. Barrett ruled. “The terms of a plea deal may be altered by retroactive legislation.” Judge Barrett’s sentencing may be influential to other judges weighing similar petitions filed by third strikers. Bringing high hopes to third strikers who had previously accepted plea bargains under the original three strikes law that was enacted in 1994.

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