Application of the Three Strike Law to Convictions Incurred Before the Enactment of the Law
In People v. Green (1995) 36 Cal. App. 4th 280 42 Cal. Rptr. 2d 249, the defendant contended that the three strikes law did not apply to convictions incurred before the enactment of the three strikes law.
The Court construed the clause in Penal Code section 667, subdivision (d)(1) that " 'the determination as to whether a prior offense qualifies as a "strike" . . . shall be made upon the date of that prior conviction' to mean that the court is presently required to look backward to see if, at the time of the conviction of the past offense, such past offense qualified as a serious or violent offense under section 1192.7, subdivision (c) or section 667.5, subdivision (c)." (Green, supra, 36 Cal. App. 4th at p. 283.)
The Court explained that to construe Penal Code section 667 in the manner urged by the defendant would "lead to an irrational result and frustrate the intent of the Legislature to initiate an immediate plan of severe punishment for repeat offenders." (Green, supra, 36 Cal. App. 4th at p. 283.)