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Three-Strikes Resentencing Must Comply With Initiative

A statute enacted by the Legislature in 2019—which retroactively eliminates most prior-prison enhancements and provides for the reevaluation of a defendant’s sentence under any other changes in sentencing laws—may not be used to apply the penalty revisions of the voter-approved Three Strikes Reform Act, as doing so would unconstitutionally amend the provisions of the initiative, the Sixth District Court of Appeal held yesterday.

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