Legal Question in Criminal Law in California
I am looking for legal help for my daughter's father. He is currently incarcerated under the three strikes law, but is interested in trying to over turn that with the Romero decision. His 3rd felony was possession of a hand gun and had already done 14 years. Thank you for your time.
1 Answer from Attorneys
Romero allows a judge to dismiss a strike for sentencing purposes. Unfortunately, I know of no way to raise it thirteen years later.
In a felony case, the initial document to start the appeal process must be filed within 60 days of conviction. A conviction can also be challenged by a writ petition, but those must be filed within a reasonable period of time.
Unless there is some new information that just became available, it is too late to raise Romero in this case.
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