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November 23, 2012

First California prisoner released under reformed three-strikes has lots of voters to thank

It is poetic that the reform of California's three-strikes law approved overwhelmingly by state voters earlier this month produced the first resentencing and prisoner release just before the Thanksgiving long weekend.  Here are the details from this local report headlined "Revised California 3 Strikes law: Man becomes first to be re-sentenced under Prop. 36":

A man sentenced to 25 years to life in prison under California's "three strikes" law in 1996 was re-sentenced Wednesday 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 Wednesday 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."

Justin Brooks, with the California Innocence Project, told 10News, "No violent offenses; it's basically a guy who had a drug addiction and committed a lot of property crimes and got sentenced to prison for the rest of his life."  Brooks has been working on Corley's case for nearly two years.  He has lined up a job for Corley and even arranged for him to live in a local halfway house....

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....

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.... Under the three strikes law, 8,800 prisoners have been sentenced to life in prison, and 3,000 of them are eligible for release under Prop. 36.

I suppose the only disturbing part of this story is that shoppers in California now need to worry about one more shopper in line for the big Black Friday sales.

November 23, 2012 at 01:14 PM | Permalink

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Comments

Well, that's better than the person shoplifting, right?

Posted by: Joe | Nov 23, 2012 2:07:42 PM

Joe --

What makes you think he's NOT shoplifting?

Posted by: Bill Otis | Nov 23, 2012 6:22:27 PM

Now it's time to repeal The Felony Murder Rule. It's inhumane and successful repeals exist in other States. I am a RN. Served as a juror in murder trial of 3 US Marines Convicted under the FMR. The jury I sat on was hung. The Marine retried and found guilty. The Marine who used his weapon was a 2 tour Iraq vet with significant physical injuries and PTSD. The DA chose the wrong route of conviction ethically.(In my opinion)
These young men were ages 19, 20 and 22 and sit in Prison today.

Posted by: LM | Nov 23, 2012 6:50:01 PM

I'm not just going to assume guilt.

Posted by: Joe | Nov 24, 2012 9:19:20 AM

I'm the wife of an incarcerated inmate. I am overjoyed of the passing of this bill. This bill wont assist my husband in coming home, but it shows me where the state is emotionally about ex-convicts. I pray for all those people wondering if their loved ones are on the list to have their case reviewed, and pray that the DA's assist and not fight these cases.

Misty Arteaga

Posted by: Misty Arteaga | Nov 27, 2012 3:24:16 PM

I am also a wife of an incarcerated inmate, i know very little about this. How may i find out if my husband's on the list for re-sentencing on the 3 strikes law reform? Or where do i start???

Mrs.Briceno

Posted by: Gloria Briceno | Nov 28, 2012 3:03:32 AM

my email is

gloria_arteaga@live.com

Posted by: Gloria Briceno | Nov 28, 2012 3:05:33 AM

I am just so excited my name is Loretta and I have a brother doing 55 to life for car theft. He is far from being violent with no violent cases. I thank all the voters for making this possible. Also my higher power witch I call God. I have a chance to see my only brother again and hug him. He is eligible for resentencing on this new law. Hip hip hurray.

Posted by: Loretta. HIDALGO | Dec 3, 2012 9:20:48 PM

I wonder if there could be a more human way to control all actual prisoners. Cheaper and safer

Posted by: mlm | Feb 13, 2013 2:37:57 PM

Hi my Husband has been in Sac. County jail about 9mns. Requested a speedy trail then found out his co-def's attn. Which is a panel (dont understand why co def would get a panel attn and gets a pd)attn
And the da tried and is still trying to send up the river. Then we hired a a real attn. W promise and we fully informed this attn. About the money to pay him, he also was on speaker phone hearing how long it would take to cash out my retirement the attn. Said that would fine. For three months he has put the courts off and mean while the co def claims they got a deal and co def claim she has copies of all are phone calls and visits, also the officer have telling the co def about are letter my looks. The da and the panel attn. Are very dirty along with thier work ethics. Go mess somebody elses lives we just got married and want to start extending are family and my husband wants to learn how to have a real life he has 2 strpdaughter and 1 stepson he loving every min.of being a Dad and put this behind us, first i need advices and help what shall i do

Posted by: Mrs. Wells | Mar 3, 2014 2:30:13 AM

Correction stepdaughters also I Am A Proud and Honored WIFE

Posted by: Mrs. Wells | Mar 3, 2014 2:32:27 AM

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