Legal Question in Criminal Law in California
3 strikes and your out
when a strike under the 3 strikes law is stricken at sentencing is that strike stricken for all time for that case and if the plea were to withdrawn could they put the strike back on for that case?
2 Answers from Attorneys
Re: 3 strikes and your out
If striking a strike is part of the plea bargain agreement, it would not be stricken if the plea bargain was set aside.
Re: 3 strikes and your out
It is stricken only for purposes of the one case. It remains on the defendant's record and will count against him the next time he is convicted of a strike unless it is stricken again in that proceeding.
When the court strikes a prior conviction, the conviction is stricken only from the pleading in that case and not from the defendant's record. The court has no authority to alter the record of a conviction from a different case.
Related Questions & Answers
-
Attempted Murder What do you need to prove a person innocent of attempted murder? Asked 8/20/05, 7:53 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
