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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16630
Experience:  Experienced Licensed Attorney
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17 year old male given 2 strikes the car of a drive

Customer Question

17 year old male given 2 strikes for driving the car of a drive by, and having a gun in the car. not the one used for the drive by. this happened in 1993. 3 strikes law took effect 11/1994. in 2004 he rec'd his 3rd strike for voluntary manslaughter.
Can his first 2 strikes be reduced because the 3 strikes law was not yet passed?
Submitted: 2 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is ***** ***** I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
While I cannot comment on your specific case, the California Supreme Court said that the sentence of a life without parole was proper, that considering convictions prior to the effective date of the three strikes law to be strikes isn’t a retroactive application of law.
So generally, any convictions prior to the enactment of the law, would still be counted for the purposes of three strikes.
I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.
I wish you the best of luck and God bless you!
Expert:  Alex J. Esq. replied 2 years ago.
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Thank you.