Friday, September 27, 2013

CA - People v. POSLOF

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Original Article

Diigo Post Excerpt:
In 1992, defendant was convicted of two counts of lewd and lascivious acts with a child pursuant to section 288, subdivision (a). Defendant was ordered to register as a sex offender under section 290. He was released in 1995 on parole from state prison. Defendant was arrested in 2002 for failing to register as a sex offender. Defendant was convicted of failing to register as a sex offender in Twenty-Nine Palms, in violation of section 290, subdivision (g)(2). In a bifurcated trial, the jury also found true allegations that defendant had two prior convictions for lewd and lascivious acts upon a child, which qualified as serious or violent felonies under sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d). The jury also found he had served two prior prison terms and failed to remain free of prison custody for five years within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to a total term of 27 years to life in state prison. On November 6, 2012, the electorate passed Proposition 36. This ballot measure enacted section 1170.126, which permits persons currently serving an indeterminate life term under the three strikes law to file a petition in the sentencing court, seeking to be resentenced to a determinate term as a second-striker. (§ 1170.126, subd. (f).) If the trial court determines that the defendant meets the criteria of section 1170.126, subdivision (e), the court may resentence the defendant. (§ 1170.126, subd. (f).)


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