Three Strikes

3 opinions tagged “Three Strikes”

June 11, 2026 Court of Appeal of the State of California, Sixth Appellate District

P. v. Scott 6/11/26 CA6

The Rule of People v. Scott is that defendants serving Three Strikes sentences who successfully petition for Proposition 47 relief must also satisfy Proposition 36's public safety requirements before receiving a full resentencing on their indeterminate sentences, under circumstances where the defendant's aggregate sentence implicates both Proposition 36 and Proposition 47.

criminal Three Strikes Proposition 36 Proposition 47 sentencing resentencing public safety determination full resentencing rule serious felony enhancements appeal procedure

May 18, 2026 Supreme Court of California

P. v. Mitchell 5/18/26 SC

The Rule of People v. Mitchell is that defendants who agreed to upper term sentences as part of plea bargains may seek retroactive application of Penal Code section 1170(b)'s amended jury trial requirements to their nonfinal judgments, under circumstances where the defendant did not validly waive the later-created statutory rights at the time of the original plea.

criminal plea bargain sentencing jury trial rights retroactivity appeal procedure due process waiver constitutional rights Three Strikes

February 26, 2026 Court of Appeal of the State of California, Fifth Appellate District

P. v. Gonzalez 2/26/26 CA5

The Rule of People v. Gonzalez is that Assembly Bill No.

criminal Three Strikes sentencing gang enhancement firearm possession nondelegation doctrine aggravating factors appeal procedure