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How can you appeal to have a strike stricken?

How long would you have to wait before you could have a strike sticken? My loved one is currently incarcerated for burglary which will result in a strike once he is sentenced. He has a previous case in 2002 of a similar nature. I am interested in learning: (1) How long do you have to wait before you can appeal to have a strike removed from your record? (2) What would be the appropriate forms and penal codes?


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    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    You cannot appeal to have a strike stricken. Either the case was a strike or not. The only exception may be a 422 conviction, threats, which could be reduced to a misdemeanor after successful completion of probation. Burglary of a house is a straight felony and does not reduce to a misdemeanor.
    Answer Applies to: California - Replied: 8/14/2013
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