Sentence Modification: Death Penalty and 25-to-Life Sentence in Prison without Parole in California
Death Penalty or Life in Prison without Parole
Under California Penal Code Section 190.4(e), every case in which the sentence imposes the death penalty or confinement in prison without the possibility of parole, the defendant is deemed to have automatically made an application to the California Supreme Court for a modification of the verdict or finding. There is no need to appeal to a lower court.
No motion is necessary. In ruling on the application, the judge must review the evidence that was properly presented in court, consider the aggravating or mitigating circumstances of the case, and make a determination of whether the verdict or finding is sufficiently supported by the evidence and circumstances. The judge must then state on the record the reasons for granting or denying the modification.
California’s “Three Strikes” Law Reform – Proposition 36
Proposition 36 modifies elements of California’s “Three Strikes” Law and was approved by the state’s voters in November, 2012. Proposition 36:
- Revises the three strikes law to impose 25-years minimum-to-life sentence only when the new felony conviction is either serious or violent.
- Continues to impose a life sentence penalty if the third strike conviction was for certain non-serious, non-violent sex or drug offenses or involved firearm possession.
- Maintains the life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, murder, or child molestation.
- Authorizes re-sentencing for offenders currently serving 25 years-to-life sentences if their third strike conviction was not serious or violent and if the judge determines that the re-sentence does not pose unreasonable risk to public safety.
Let Wallin & Klarich Help You Now
Modifying a prison sentence can be a time-consuming and complicated process. You should contact an experienced criminal defense attorney who can help you through the process and ensure that you present your case in the best possible manner.
With offices in Orange County, Los Angeles, Riverside, San Bernardino, Ventura, Victorville, West Covina, Pasadena, Sherman Oaks, Torrance, San Diego, Hemet, and Temecula, our attorneys have over 40 years of experience in making sure that our clients are treated fairly under the law and that they receive the best legal representation through every step of the process.
Call us today at (877)466-5245. We will get through this together.