California, United States of America
The following excerpt is from People v. Madueno, F074422 (Cal. App. 2019):
3. Defendant's two current convictions in this case are for offenses that are not serious or violent felonies. However, he was ineligible for the ameliorative sentencing provisions of Proposition 36, the Three Strikes Reform Act and still subject to a third strike term because his prior strike convictions were for murder ( 187, subd. (a)) and commission of a lewd and lascivious act with force upon a child under the age of 14 years ( 288, subd. (b)(1)). (See People v. Estrada (2017) 3 Cal.5th 661, 667; 1170.12, subds. (c)(2)(C)(iv)(I)-(IV).)
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