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| The initiative thus requires that the current felony charge be a serious or violent crime before it may be prosecuted under "Three Strikes." | |||
| The drastic reduction in "strike" cases would be the result of two factors. First, the current offense would have to be serious or violent. About two thirds of our "two strike" state prison convicts are serving doubled determinate term sentences following their conviction of current felony offenses that are neither serious nor violent. Requiring that the current offense be serious or violent as a pre-requisite to a "strike" prosecution would in and of itself produce a huge (approximate two-thirds) reduction in "strike" prosecutions. | |||
| The second factor causing a drastic reduction in "strike" cases would be the initiative's reduction of the list of crimes that are serious or violent. This reduced list would mean that convictions for crimes deleted from the serious and violent felony list could no longer be counted as "felony strikes." | |||
| By greatly reducing the serious and violent felony lists, and by limiting "Three Strikes" prosecutions to cases in which the current charges are serious or violent felonies, the initiative will greatly reduce the cases that will qualify for "Three Strikes" prosecutions. | |||
| (5) Reduce Counting of "Felony Strikes." | |||
| The initiative will limit the counting of "felony strikes" to one "strike" per prosecution, instead of one "strike" per conviction. The "Three Strikes" statutes now in effect count "felony strikes" per prior conviction of a serious or violent felony. Thus, a defendant who commits and is convicted of 10 separate armed robberies that are prosecuted in one case, has 10 "felony strikes." | |||
| The initiative imposes for the first time a "brought and tried separately" rule that will limit the counting of "strikes" to one "strike" per case. The "bought and tried separately" rule would mean that the defendant who committed and was convicted of 10 separate armed robberies that were prosecuted in one case would have only 1 "felony strike" for those 10 armed robbery convictions. | |||
| (6) Apply Retroactively. | |||
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