Passage of the ballot measure softening the state's landmark three-strikes sentencing law has touched off a flurry of legal activity from North Coast defense lawyers seeking reduced punishments for career criminals serving life in prison.
By a wide margin, voters on Nov. 6 approved Proposition 36, amending the 1994 law targeting habitual offenders by requiring 25-to-life commitment offenses be violent or serious rather than just any felony.
The change opens the door for repeat violators previously locked away for relatively minor third offenses to petition local courts for resentencing.
Some will get reduced punishments while others will be released from prison right away because they have already served enough time.
Michael Romano, a Stanford University professor who helped write Prop. 36, said it will help bring penalties in line with crimes while saving tax dollars and relieving prison overcrowding.
"I think we all agree it's unfair to sentence people to life for non-violent, non-serious crimes," Romano said.
The number of criminals eligible for resentencing in Lake, Mendocino and Sonoma counties is relatively low, in part because there's little political will to pursue life sentences in less serious cases.
According to a preliminary state prison estimate, seven people are eligible for resentencing in Sonoma County, one in Mendocino County and five in Lake County.
Other agencies said there could be more than a dozen more in Sonoma County alone, which as of June 30 had 224 people in prison on a second or third strike.
Statewide, as many as 3,000 criminals could be eligible for reduced sentences.
Among the first to go before a North Coast judge will be Jeffrey Michael Porter, 49, a Sonoma County homeless man serving 27 years to life in prison for his 1999 car theft conviction.
His lawyer, interim Public Defender Kathleen Pozzi, has asked that he be brought back from the state prison in Soledad for a Dec. 5 hearing in which she will argue for his immediate release.
She said his previous strikes were minor burglaries that happened as he struggled with drug addiction, she said.
"I think he's the poster child for Prop 36," said Pozzi. "He's never committed a crime of violence."
Another man who will seek a reduction in Sonoma County is Sammie Lee Ford, 39, who was sentenced to 25 to life in 2003 for breaking into two jewelry stores at Petaluma Outlet Mall.
His criminal career includes strikes for residential robbery and participation in a South Central Los Angeles drive-by shooting 20 years ago. In the latter case, he was convicted of manslaughter instead of murder, making him eligible under the new law, said his lawyer, Jeff Mitchell.
He could be transported from state prison in Wasco for a resentencing hearing around Jan. 1.
"He's done enough time to be released," Mitchell said. "Even under the theoretical maximum of 12 years. He's served it."
Another Sonoma County three-striker is Orlando Johnson, 46, who got 25 to life in 2009 for stealing a car in Petaluma. Like the others, he has an extensive rap sheet including out-of-county convictions.
Pozzi said he would likely be among the first wave to apply for resentencing. A court date had not been set.
Details about other Sonoma County cases were not available.
Find more in-depth cannabis news, culture and politics at EmeraldReport.com, authoritative marijuana coverage from the PD.