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Old 09 January 2015, 04:16 AM
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Tsk, Tsk Three strikes for tagging

Comment: I heard this morning on KPCC (our local NPR station) in a story
about taggers - I think on Take 2?) that there are many people serving
life terms under California's 3 Strikes law for tagging. While I am sure
there are taggers in for 3 strikes I find it hard to believe that this
happens to people for tagging alone. Is there any truth to this?
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Old 09 January 2015, 04:52 AM
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Doesn't appear to be legally possible. Both California's original and amended three strikes require serious or violent felonies, which tagging is not. Under the original, it would have been possible for the third strike to be for tagging, but a previous felony would have had to have been something more serious.
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Old 09 January 2015, 04:57 AM
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Obligatory TV Tropes
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Old 15 January 2015, 07:02 AM
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Quote:
Originally Posted by GenYus234 View Post
Doesn't appear to be legally possible. Both California's original and amended three strikes require serious or violent felonies, which tagging is not. Under the original, it would have been possible for the third strike to be for tagging, but a previous felony would have had to have been something more serious.
These people are already serving time, so they were likely convicted under the old law. Under the new law, they could petition for a new, reduced sentence. However, if the previous convictions were for rape, murder, or child molestation, then the old third strike rules still apply.

I was once on a jury in Santa Ana for a man charged with felony petty theft (he was stealing pallets). I did not know before then that if you have prior felonies you could be charged with a felony even if the crime was a misdemeanor. We convicted him, then found out later it was his third strike.
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