Lizzaraga

I. BACKGROUND/PRIOR PROCEEDINGS

On June 4, 2010, Harmless was charged with one count of furnishing marijuana to a minor under the age of 14 (Count 1); one count of furnishing marijuana to a minor over the age of 14 (Count 2); and nine counts of lewd act upon a child under age 14 (Counts 3-11). As to Counts 3-11, the information further alleged that each offense was a serious felony and that each offense qualified for sentencing under the One Strike Law. As to all counts, the information

Michael Martel, Warden, California Health Care Facility, Stockton, is substituted for J. Lizarraga, former Warden, Mule Creek State Prison. FED. R. CIV. P. 25(c). See CAL. PENAL CODE §§ 667.61. Since its adoption in 1994, California’s One Strike law has set forth an “alternative and harsher sentencing scheme for certain sex crimes.” People v. Anderson, 211 P.3d 584, 594 (Cal. 2009). “It mandates an indeterminate sentence of 15 or 25 years to life in prison when the jury has convicted the defendant of a specified felony sex crime and has also found certain factual allegations to be true.” Id. at 590. further alleged that Harmless had five strike prior felony convictions. On…