Legal Question in Criminal Law in California
A friend of mine has a previous federal felony for an unarmmed bank robbery from 2001. He got out in 2005 with 3 years probation & served 4 months for violating that probation in 2008. He was recently charged with possesion of controled substance with intent to sell. Is he eligable for Prop 36 or can he use the Romero Act?
2 Answers from Attorneys
I think what you mean is, will he be charged with a second strike, and if so will the court decision in the Romero case be a factor if he is convicted. The answer to both questions is probably yes.
I don't think he would be eligible, but would have to examine the underlying situation more carefully and specifically than you have presented it.
Offenders are excluded from Prop. 36, if they have a prior conviction for a serious or violent felony (a "strike"), unless they have served their prison time and have been out of prison for five years with no felony convictions or misdemeanor convictions involving the threat of violence.
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