What is the current sentence for a defendant who has been convicted of a felony and has one, two or more prior convictions that qualify as "strikes"?

California, United States of America


The following excerpt is from People v. Molina, D072153 (Cal. App. 2018):

The purpose of the "Three Strikes" law is to "ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of serious and/or violent felony offenses." ( 667, subd. (b).) If a defendant is convicted of a felony and has had one, two or more prior convictions that qualify as "strikes," the defendant will be sentenced for the current offense under the three strikes law. Although prior strikes most commonly are serious ( 1192.7, subd. (c)) or violent ( 667.5, subd. (c)) felonies, the current conviction can be based on the commission of any felony. (People v. Terry (1996) 47 Cal.App.4th 329, 331-332.) If the defendant has one prior strike, the defendant is to receive a mandatory state prison sentence of twice the term otherwise provided. ( 667, subd. (e)(1).) If the defendant has two prior strikes, as is the case here, he or she is to receive a mandatory indeterminate life sentence to state prison with the minimum term of 25 years. ( 667, subd. (e)(2)(A)(ii).)

B. Section 1385, subdivision (a)

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