application of Three Strikes because they had never previously committed a qualifying serious or violent felony.

Therefore, only if a person has a prior felony conviction for a "serious" or "violent" felony and commits a new felony of any kind (referred to as a "triggering felony") is he or she subject to the law. Under this circumstance, the offender would be convicted of a new felony would have previously been convicted of a "serious" or "violent" felony. Under those specific conditions the offender would not be eligible for probation and must be sent to prison for a term of imprisonment that is twice the term set for the new crime (Cal. Pen. Code, � 667, subd. (e)(l)). If a person has two prior serious or violent felony convictions and commits a new felony, then he or she must be sent to prison for a term of not less than 25 years to life (Cal. Pen. Code, � 667, subd. (e)(2)(A)). Further, 80% of that term (minimum 20 years) must be served (Cal. Pen. Code, � 667, subd. (e)(5)).

This is another area of misconception. It is not a "life" sentence as that term might colloquially be used. It is an indeterminent sentence. This means that you must serve 25 years before you are eligible for parole. When you are eligible for parole then the parole board will determine whether or not you are an appropriate candidate for release. If the parole board determines you are not an appropriate candidate for release then they can keep you in prison until they decide you should be released. The parole board may reconsider their determination not to release you or they can determine you should not be released at all. The concept is that people who are not appropriate candidates for release will not be released simply because they have served some minimum term. To refer to the sentence for a third strike offender as a "life" sentence is misleading. In reality, a defendant can be released after serving the minimum term or a defendant can be retained in the prison system because, in the opinion of the parole board, the defendant is not an appropriate candidate for release. This also allows in a measure of discretion by

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