EA VII
Probation Prohibition Statutes
EA VII(A) Sex Offenses Against A Child By A “Stranger”: PC 1203.066 prohibits the granting of probation to a person who is convicted under PC 288 or PC 288.5 and “who was a stranger to the child-victim or befriended the child-victim for the purpose of committing [the crime] ….” In People v. Forbis (96) 42 CA4th 599, 603-05 [49 CR2d 836], the court held that the term “stranger” did not need to be defined for the jury and that the trial court properly refused the defendant’s request to instruct the jury as follows: “A stranger is a person with whom one is unacquainted, such as an intruder into the house of another.”
EA VII(B) Instruction Upon Defendant’s Liability For Three Strikes Sentencing.
EA VII(C) Eighth Amendment Constitutional Challenge To California Three Strikes Statute. Andrade v. Roe (9th Cir. 2001) 270 F3d 743 held that the California Court of Appeal unreasonably applied clearly established U.S. Supreme Court precedent by rejecting Andrade’s claim that his sentence violated the 8th Amendment’s prohibition against cruel and unusual punishment. This decision did not invalidate California’s Three Strikes Law generally, but rather held it to be unconstitutional as applied to Andrade because it imposed a sentence grossly disproportionate to his crimes.
