Can a defendant who is serving a sentence under the Three Strikes Act apply for habeas corpus to challenge the sentence on appeal?

California, United States of America


The following excerpt is from People v. White Eagle, 48 Cal.App.4th 1511, 56 Cal.Rptr.2d 749 (Cal. App. 1996):

"Our holding, which relates only to sentencing, is fully retroactive. (See People v. Belmontes (1983) 34 Cal.3d 335, 348, fn. 8 [193 Cal.Rptr. 882, 667 P.2d 686]; People v. Tenorio, supra, [1970] 3 Cal.3d at p. 95, fn. 2 [89 Cal.Rptr. 249, 473 P.2d 993].) A defendant serving a sentence under the Three Strikes law ( 667, subds. (b)-(i); 1170.12) imposed by a court that misunderstood the scope of its discretion to strike prior felony conviction allegations in furtherance of justice pursuant to section 1385(a), may raise the issue on appeal, or, if relief on appeal is no longer available, may file a petition for habeas corpus to secure reconsideration of the sentence. Such a petition should be filed in the sentencing court. (People v. Tenorio, supra, 3

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