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Constitutional Law
3-strikes, 2-minutes, do-over: Court reinstates defendant’s appeal
The U.S. Supreme Court on Friday lifted two federal district court orders that prevented California from starting a third conviction against Jose Inez Garcia-Zarate, who was convicted of being a felon in possession of a firearm.
The three-paragraph order (PDF) issued by Chief Justice John Roberts Jr. allows the court to review the merits of Mr. Garcia-Zarate’s appeal, which the court previously dismissed without comment, the New York Times reports.
The case was to be heard on Tuesday.
The court’s December 2012 opinion (PDF) noted that Mr. Garcia-Zarate contended that his due process rights were violated because the trial court sentenced him after a one-day trial that was announced on the morning of the proceedings.
However, “the trial lasted two days,” the court said.
The judge who sentenced Mr. Garcia-Zarate has retired from the bench.
A three-strikes law, passed in California after Mr. Garcia-Zarate’s sentencing in 2010, requires a life sentence for repeat offenders convicted of serious felonies like murder and assault with a firearm.
Amended by Proposition 36 in 2012, the law reduced the sentence for some nonviolent felons convicted of a third felony from 25 to life to 16 to life.
Mr. Garcia-Zarate was convicted in the 2010 trial of a 1994 attempted murder in which a gun went off during a party, and charges were dropped when the murder weapon was destroyed. Mr. Garcia-Zarate also has a 1997 conviction for possession of a loaded firearm.
He argued that the trial violated the due process clause of the U.S. Constitution because he had no reason to know he would be sentenced on the same day that the trial was announced, and therefore no opportunity to prepare for a trial date and sentence.
The 9th U.S. Circuit Court of Appeals in September 2011 reversed the conviction after the 9th Circuit determined that the trial violated Mr. Garcia-Zarate’s constitutional
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