three strike law

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three strike law

if you don’t have a criminal record and still 50.00 worth of merchandise from a store , and have a small child with you, can you get two strikes put against you?

Asked on April 23, 2009 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Why two strikes? No, one strike per serious crime.  If you steal $50.00 worth of merchandise, you shoplifted.  It doesn't qualify as a felony and even if it does, you should get your public defender or private criminal defense attorney to plea it down to a misdemeanor or infraction or drop it if this is your first offense.

669.  When any person is convicted of two or more crimes, whether in
the same proceeding or court or in different proceedings or courts,
and whether by judgment rendered by the same judge or by different
judges, the second or other subsequent judgment upon which sentence
is ordered to be executed shall direct whether the terms of
imprisonment or any of them to which he or she is sentenced shall run
concurrently or consecutively.  Life sentences, whether with or
without the possibility of parole, may be imposed to run
consecutively with one another, with any term imposed for applicable
enhancements, or with any other term of imprisonment for a felony
conviction.  Whenever a person is committed to prison on a life
sentence which is ordered to run consecutive to any determinate term
of imprisonment, the determinate term of imprisonment shall be served
first and no part thereof shall be credited toward the person's
eligibility for parole as calculated pursuant to Section 3046 or
pursuant to any other section of law that establishes a minimum
period of confinement under the life sentence before eligibility for
parole.
   In the event that the court at the time of pronouncing the second
or other judgment upon that person had no knowledge of a prior
existing judgment or judgments, or having knowledge, fails to
determine how the terms of imprisonment shall run in relation to each
other, then, upon that failure to determine, or upon that prior
judgment or judgments being brought to the attention of the court at
any time prior to the expiration of 60 days from and after the actual
commencement of imprisonment upon the second or other subsequent
judgments, the court shall, in the absence of the defendant and
within 60 days of the notice, determine how the term of imprisonment
upon the second or other subsequent judgment shall run with reference
to the prior incompleted term or terms of imprisonment.  Upon the
failure of the court to determine how the terms of imprisonment on
the second or subsequent judgment shall run, the term of imprisonment
on the second or subsequent judgment shall run concurrently.
   The Department of Corrections shall advise the court pronouncing
the second or other subsequent judgment of the existence of all prior
judgments against the defendant, the terms of imprisonment upon
which have not been completely served.

See the California laws on petty theft and grand theft:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9

specifically: 490.1.  (a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be charged as a misdemeanor or an infraction, at
the discretion of the prosecutor, provided that the person charged
with the offense has no other theft or theft-related conviction.
   (b) Any offense charged as an infraction under this section shall
be subject to the provisions of subdivision (d) of Section 17 and
Sections 19.6 and 19.7.
   A violation which is an infraction under this section is
punishable by a fine not exceeding two hundred fifty dollars ($250).

 


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