Navigating The "Three Strikes Sentencing Law" - 2009
Recorded in Los Angeles
May 11, 2009
(includes Handout)
(3 hours MCLE credit,
including 0.5 hours "Legal Ethics")

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Focus
The California Three Strikes Sentencing Law has spawned hundreds of appellate decisions and remains one of California's most complex criminal statutory schemes. It has sweeping impact for both the prosecution and the defense; it can affect any felony plea, trial or sentence. Competent practice in these felony cases requires a thorough understanding of what crimes constitute "strikes," what evidence may be used to prove a "strike crime," and the special rules concerning consecutive sentencing of strike offenses.

Our two Three Strikes experts have been teaching this field of law to California judges for many years and now, for the first time, are offering their insight and guidance to the attorney bar. This is a "don't miss program" for both experienced and novice practitioners, and for both defense and prosecuting attorneys.

Highlights
• What crimes are "strikes" and how may they be proved in court

• Application of Cunningham v. California in determining whether prior crime is a "strike"

• Checklist of factors considered in properly dismissing prior strikes

• Two-step method for calculating third strike sentence

• Collaterally attacking prior strike conviction

• Plea bargaining strikes and creating a proper record

• Role of other sentencing systems (such as "One Strike Law")

• Multiple uses of a prior serious or violent felony conviction

• Agreements that a crime will not be a future strike

• Calculating multiple count or multiple case Three Strikes sentence

• Factors considered in eliminating application of Three Strikes Law by characterizing offense as misdemeanor

Panelists
Judge J. Richard Couzens (Ret.) -- Placer Superior Court
Justice Tricia A. Bigelow -- Calif. Court of Appeal, 2nd Dist., Div. 3