Possibly, depending on the type of felony you were convicted of or when the conviction occurred. Prop 36 was passed in 2012 and made changes to California’s “Three Strikes” law. The Three Strikes law, passed in 1994, made it so that a third felony conviction – any type of felony – carried a penalty of 25 years to life. One of the changes to the Three Strikes law that came with Prop 36 was that a life sentence could only be imposed when the third felony conviction was for a serious or violent felony. If your conviction was for a serious or violent felony, such as robbery or kidnapping, then Prop 36 will not help you avoid the potential for a life sentence under the Three Strikes law.
Additionally, Prop 36 made it so that anyone serving a life sentence under the Three Strikes law for a third conviction that was not serious or violent, can be re-sentenced. There are certain circumstances where the life sentences will remain in effect, such as a prior conviction for murder.
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