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First California Prisoner Released From ‘Three Strikes’ Law Change

A man sentenced to 25 years to life in prison under California's "three strikes'' law in 1996 was re-sentenced today, to about 15 years, and released based on credit for time served.

Kenneth Glenn Corley, 62, became the first person to be re-sentenced under Proposition 36, passed earlier this month by California voters.

When Corley was convicted of drug possession for sale, he had two felony "strikes'' for burglary and attempted burglary and was given the mandatory 25-years-to-life sentence on Oct. 8, 1996.

He was re-sentenced today by San Diego Superior Court Judge David Danielsen.

"Many prosecutors in the state, including our office, were already working to address the unintended consequences of the `three strikes' law,''' said San Diego County District Attorney Bonnie Dumanis. "Now that Prop 36 has passed, the work we have already done to review these cases should make the process of assessing the petitions go more smoothly.''

Prosecutors, defense attorneys and San Diego Superior Court officials are preparing for 200 to 300 requests from state inmates seeking reductions in their prison sentences.

A judge will need to determine if the offender poses an unreasonable risk to public safety before permitting a re-sentencing.

The original "three strikes'' law passed in 1994 called for a 25-year-to-life sentence for any felony conviction if the defendant had two previous convictions for violent or serious offenses.

Proposition 36 modified the law to require a sentence of 25 years to life only if the third strike was a serious or violent felony, or upon a conviction for another qualifying factor, such as use of a deadly weapon or intent to inflict injury.

It is retroactive to the extent that it allows certain inmates whose third strikes were nonviolent, non-serious felonies and are serving life terms to seek a new sentencing hearing.

Defendants who are registered sex offenders, or had any convictions for rape or child molestation, or another significant prior conviction, will still be subject to 25-years-to-life sentences.

Comments

Avatar for user 'Peking_Duck_SD'

Peking_Duck_SD | November 22, 2012 at 9:17 a.m. ― 1 year, 12 months ago

In typical ballot measure fashion, we got rid of one prison-industrial complex farse (three strikes law) and replaced it with another (prop 35).

I voted no on prop 35 after reading the LA Times editorial, but 80% of Californians disagreed with me.

It's not surprising though since most voters vote simply based on the proposition title or a few talking points.

I could craft legislation that requires every Californian to have a one-time fee of $5 be funneled directly from their paychecks into my bank account, and as long as I titled it something like "funding for those against Sex Traffickers" or the "Those who loath Sex Offender Mystery fund" it would easily pass.

So while I applaud Californians for doing what is right with the 3 Strikes law, our tax money can now be used to declare prostitutes sex offenders and monitor them as well as cast an even wider net to beef up an already unmanageable list of people that ranges from people caught urinating outside to a serial child rapists.

Look up those who wrote prop 35.

They are all POLITICIANS, and failed ones at that.

Thy did not write this sloppily-crafted, unconstitutional piece of hysteria-driven emotionally parasitic legislation because they care about victims of human trafficking.

They crafted it so they would have the politically golden tool to use in the next election - the on where they can tout they stopped sex trafficking.

So these political hacks won, got their political tool, and now the courts have to try and clean-up the hot mess thy created.

Similar to "Jessica's Law", Prop 35 is a political sham.

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