<![CDATA[life-sentence - Law Offices of William W. Bruzzo]]> https://www.bruzzolaw.com/blog/tags/life-sentence/ Tue, 15 Oct 2024 00:45:39 GMT en-us <![CDATA[“Three Strikers” Who Have Already Been Sentenced Get a Second Chance]]> https://www.bruzzolaw.com/blog/three-strikers-who-have-already-been-sentenced-get-a-second-chance/ https://www.bruzzolaw.com/blog/three-strikers-who-have-already-been-sentenced-get-a-second-chance/ Thu, 13 Jun 2013 02:50:00 GMT Until recently, the law in California required that anyone with two prior serious or violent convictions who then picks up a third felony of any type had to be sentenced to 25 years to life. One significant exception to that was the Romero exception which referred to a case by the same name. That case…

]]>
Serious conviction

Until recently, the law in California required that anyone with two prior serious or violent convictions who then picks up a third felony of any type had to be sentenced to 25 years to life. One significant exception to that was the Romero exception which referred to a case by the same name. That case allowed a Judge to strike a prior violent or serious conviction if the ends of justice, in the Judge’s opinion, required it. If a Judge found that striking a prior conviction for a particular Defendant was appropriate then that Defendant would not be sentenced to 25 years to life. Despite the Romero exception however, many Defendants faced a difficult battle even if the new felony was relatively minor like possession of a controlled substance or a theft offense.

Then, in an effort to be fairer to Defendants and perhaps to lessen the prison population, the California legislature passed a law known as the Three Strikes Reform Act of 2012 in November of 2012. That law states that a Defendant will only be subject to a 25 year to life sentence if the new crime (or third strike) is a serious or violent one. Serious or violent crimes would include residential burglary, Assault with Great Bodily Injury, Car Jacking, some Sex Offenses, and Attempted Murder among others. However, crimes like Possession with Intent to Sell a Controlled Substance and Grand Theft are not considered serious or violent and thus would not trigger the 25 to life sentence requirement.

By some estimates there are 3000 inmates who are serving 25 to life sentences for situations where the third strike was not a serious or violent offense. Those inmates are entitled to immediate review of their cases. The Law Offices of William W. Bruzzo can be retained to file a Motion for Resentencing consistent with the new law. It should be noted that the District Attorney can fight this attempt at resentencing if they present evidence at the hearing that shows the Defendant poses an unreasonable risk of danger to public safety. Regardless, for Defendants in this situation, it provides a great opportunity to get their life back. (See People v. Superior State of California, Kaulick-Real Party in Interest. 2013 DJDAR 5571).

Here is a CBS News video discussing the Motion for Resentencing, you can see the video here.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547 4636

]]> <![CDATA[Sentencing Reopened for Max Factor Heir]]> https://www.bruzzolaw.com/blog/sentencing-reopened-for-max-factor-heir/ https://www.bruzzolaw.com/blog/sentencing-reopened-for-max-factor-heir/ Tue, 12 Mar 2013 03:26:00 GMT Andrew Luster is the great-grandson of cosmetics magnate, Max Factor. Luster was accused of plying three women with the rape drug GBH and then raping them and videotaping the act. He bailed out at 1 million dollars and fled to Mexico. In a situation made for Hollywood the bounty hunter and reality TV star Duane “Dog” Chapman captured him…

]]> Andrew Luster is the great-grandson of cosmetics magnate, Max Factor. Luster was accused of plying three women with the rape drug GBH and then raping them and videotaping the act. He bailed out at 1 million dollars and fled to Mexico. In a situation made for Hollywood the bounty hunter and reality TV star Duane “Dog” Chapman captured him in Mexico and returned him to the United States.

Mr. Luster was convicted and sentenced to 124 years in prison at trial in 2003. Since his conviction his lawyers have tried to reopen the case and have asked for a new trial. While those efforts were denied by the Judge sitting in Ventura County where the original trial was held, the court did recently agree to reopen the sentencing portion of the trial. The rationale being that the sentencing appeared to be excessive and improperly made. Prior to trial Mr. Luster may have been offered an 8-12 year sentence according to his Defense team.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Lawyer William W. Bruzzo (714) 547-4636

]]> <![CDATA[The Deadly Dentist]]> https://www.bruzzolaw.com/blog/the-deadly-dentist/ https://www.bruzzolaw.com/blog/the-deadly-dentist/ Thu, 18 Mar 2010 00:39:00 GMT Former Orange County dentist Tony Protopappas convicted of second-degree murder in 1984 has been granted parole by an appellate court. He was convicted for the deaths of three women he had as patients at his Costa Mesa dentistry office. They died from a high dosage of anesthesia. His attorney acknowledges that there are some possible…

]]> Former Orange County dentist Tony Protopappas convicted of second-degree murder in 1984 has been granted parole by an appellate court. He was convicted for the deaths of three women he had as patients at his Costa Mesa dentistry office. They died from a high dosage of anesthesia. His attorney acknowledges that there are some possible road blocks: the Attorney General office could appeal the decision or Governor Schwarzenegger could change the ruling. His attorney Richard Pfeiffer had told the court that the deaths were when Protopappas was a dentist and that he would no longer be practicing dentistry or administering anesthesia therefore he was not a threat to society. Deputy Attorney General Amy M. Roebuck argued that Protopappas’ “drug and alcohol use contributed to his negligence” and that he had not fully accepted responsibility for the deaths. Mr. Protopappas served 25 years of a life sentence.

]]>