California Court of Appeal

Defendant's sentence of 25 years to life pursuant to the Three Strikes law for domestic battery resulting in a traumatic condition, a felony, and misdemeanor assault, with a finding two prior strikes for robberies, is reversed and remanded for resentencing, where: 1) under the Three Strikes Reform Act of 2012, an indeterminate term of 25 years to life in prison is applied only where the third strike's conviction is a serious or violent felony, or where the prosecution pleads and proves other specific factors; 2) domestic battery resulting in a traumatic condition is not deemed a serious or violent felony; and thus, 3) the more lenient sentencing change enacted by the Three Strikes Reform Act of 2012 applies retroactively to defendant and he is entitled to be resentenced.

Appellate Information

• Decided 11/18/2013
• Published 11/18/2013

Judges

• IKOLA

Court

• California Court of Appeal

Counsel