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Generally, a felony can be reduced to a misdemeanor in 4 ways: Through a plea bargain, a diversion program, completion of probation, or by showing that the felony elements of the crime are missing. In California, it can be done through a Penal Code 17(b) motion.
California Proposition 36 (2012) Proposition 36 changed state law to impose life sentence only when the new felony conviction is "serious or violent." It also allowed re-sentencing for offenders serving life sentences if their third strike conviction was not serious or violent.
A Romeo motion is filed by the defense asking the court to remove a prior "strike" conviction. A Romero motion is where a defendant asks the court to remove or \u201cstrike\u201d a prior strike conviction so it won't be used as a sentencing enhancement.
No. You cannot remove a previous strike from your criminal record, but you can ask the judge to disregard it for purposes of sentencing in your current felony case. This is often referred to \u201cstriking a prior strike.\u201d Your attorney can ask the judge to strike a strike by filing a Romero motion with the court.
That the punishment would be disproportionate to the seriousness of the current charge. The defendant has no criminal history of violence. The defendant has a long history of substance abuse that led to his prior convictions. The defendant's role in the current offense was minor.
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That the punishment would be disproportionate to the seriousness of the current charge. The defendant has no criminal history of violence. The defendant has a long history of substance abuse that led to his prior convictions. The defendant's role in the current offense was minor.
California's Three Strikes sentencing law was originally enacted in 1994. The essence of the Three Strikes law was to require a defendant convicted of any new felony, having suffered one prior conviction of a serious felony to be sentenced to state prison for twice the term otherwise provided for the crime.
A Romeo motion is filed by the defense asking the court to remove a prior "strike" conviction. A Romero motion is where a defendant asks the court to remove or \u201cstrike\u201d a prior strike conviction so it won't be used as a sentencing enhancement.
No. You cannot remove a previous strike from your criminal record, but you can ask the judge to disregard it for purposes of sentencing in your current felony case. This is often referred to \u201cstriking a prior strike.\u201d Your attorney can ask the judge to strike a strike by filing a Romero motion with the court.
The California Repeal Three-Strikes Law Initiative (#21-0035) is not on the ballot in California as an initiated state statute on November 8, 2022. The ballot initiative would have repealed the state's criminal sentencing three-strikes law.

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