POST CONVICTION
Perseverance legal is committed to making wrongs right. For years, California has engaged in a custom and practice whereby prosecutors were charging the accused with their third strikes for what was essentially their second conviction. As a result, many people were "struck out" for only having two strikes when the law required three strikes. These Defendants were unjustly given life sentences and sent to the California Department of Corrections and Rehabilitation; some very far away from their families and loved ones.
People v. Shaw (Cal. Sup. Crt. Dec. 15, 2025) S286453
Shaw was given a third strike for a second conviction. The prosecution argued that the third strike was justified because Shaw's conviction had two victims. The California Supreme Court held that under the Three Strikes law, when two prior convictions arise from a single criminal act-even if that act harmed multiple victims—a trial court must dismiss one of the strikes for sentencing purposes. The Court disapproved the contrary holding in Rusconi, which prosecutors were using to justify giving the third strike to those with only two strikes, which held that when there is a single conviction with multiple victims, a Defendant can receive multiple strikes.
This holding is a new intervening change in the law. Contact us. We'll get your loved one results!