Proposition 36 page


This area of our site offers samples for Prop 36 arguments. Please click on the "Articles" tab above to view project analysis.

Proposition 36 Samples

SAMPLES CAVEAT: Counsel should consider whether a given sample is the best or the only approach to take in any given case. For example, counsel should consider whether it may be better to delay resentencing in certain cases for certain clients based on what motions occurred below and/or the priors involved and/or what vehicle is best for presenting the issue. CCAP provides these samples simply as possible options to consider before deciding the best tactical approach for a given case/client. Finally, CCAP encourages counsel to review the articles and memos provided by the projects to understand the full scope of possible options and considerations.


Conley, S211275 - Appellant's Opening Brief on the Merits

Posted: 12/23/13

This sample brief addresses the retroactive operation of amended Penal Code section 667, subdivision (e)(2)(C) under the Estrada rule to defendants whose judgments were not yet final when the Three Strikes Reform Act of 2012 was enacted.

Conley, S211275 BOM (WordPerfect)File is in WordPerfect Format

Conley, S211275 BOM (PDF)File is in Adobe Acrobat Format

Superior Court - Sample Pro. Per. Petition for Resentencing in Superior Court

Posted: 12/20/12

This sample is an excerpt from “The Amendment of the Three Strikes Sentencing Law,” article by J. Richard Couzens, Judge of the Superior Court County of Placer (Ret.) and Tricia A. Bigelow, Presiding Justice, Court of Appeal, Second Appellate District, Div. 8.

Download or view argument as Word document (file will open in new window)

Superior Court - Sample Petition for Recall of Sentence in Superior Court

Posted: 12/10/12

This sample petition for filing in the superior court addresses immediate recall of the Three Strikes sentence for a defendant/peitioner and for resentencing based on passage of Proposition 36, also known as the Three Strikes Reform Act of 2012, which became operative on November 7, 2012. This PDF sample includes pinned "author comment bubbles" by staff attorney Linnea Johnson with tips, links to statutes, and decision points to consider. [Note: ability to read author comment bubbles is a utility in Adobe Acrobat or Adobe Reader 8 version or higher.]

Download or view argument as PDF (file will open in new window)

Abatement (Estrada) - Argument Sample for Pending Case (SDAP sample)

Posted: 12/3/12

This sample supplemental AOB abatement argument is courtesy of SDAP. The argument addresses the new statute and its application to a current pending appeal for an appellant who qualifies for resentencing under the new law.

Download or view argument as PDF (file will open in new window)