- Time limits on Prop 36 resentencing
If you or someone you know was previously sentenced under the Three Strikes law, he or she may be eligible for resentencing under Proposition 36, which was recently approved by California voters on November 6, 2012.
This proposition allows individuals whose Third Strike falls under a certain category of non-violent felonies to avoid a life sentence. In order to take advantage of this opportunity, the defendant must file a petition to the court (known as an 1170.126 petition) within a two year window.
That gives eligible defendants until November 6, 2014 to file their petition.
If the individual has already been sentenced and it has been less than 120 days since the judgment was issued (the defendant was sentenced) by the court, the defendant can immediately ask the court to recall the sentence and resentence him or her in accordance with Proposition 36.
If you believe you are eligible for resentencing or have any questions on the new law, you can contact our office for a free confidential consultation.