California Court of Appeal

For purposes of Proposition 36, the Three Strikes Reform Act, under which a prisoner serving a third-strike sentence is eligible for resentencing if his third strike was not serious or violent as defined, and if his prior strikes are not included in an enumerated list of particularly grave offenses, assault with intent to commit rape is not necessarily committed with force (or one of the other features), so that a defendant whose prior strikes include that offense is not always necessarily ineligible for resentencing based on that prior conviction alone.

Appellate Information

• Published 2017/02/08

Judges

• SMITH

Court

• California Court of Appeal

Counsel