Pubdate: Wed, 13 Dec 2006
Source: Chico Enterprise-Record (CA)
Copyright: 2006 The Media News Group
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Website: http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
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Author: Terry Vau Dell, Staff Writer
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

LIFE SENTENCE OVERTURNED FOR OROVILLE DRUG-MAKER

OROVILLE -- A life prison term for a convicted Oroville drug 
manufacturer has been overturned by an appeals court ruling that 
found the state's three-strikes law was improperly applied in the case.

Lenny Ross Maestas, who has served about six years of his sentence, 
could now be released within a year, according to his lawyer.

Butte County District Attorney Mike Ramsey criticized the appellate 
ruling as "tortured logic," and said he feared it could impact other 
three-strikes cases.

Maestas was convicted by a jury in 2000 of manufacturing 
methamphetamine and possession of a firearm by a felon, after a 
police raid on his Oroville mobile home and shed turned up 
drug-making chemicals and three guns.

At the time of sentencing, Butte County Superior Court Judge Stephen 
Benson upheld arguments by the prosecution that two 1992 burglary 
convictions on Maestas' record involving break-ins of a fifth-wheel 
trailer in Contra Costa County constituted "serious felonies" under 
California's three-strikes law.

Maestas appealed the life sentence, pointing out that although his 
prior crimes were charged as first-degree residential burglaries -- 
which are strikes -- they were reduced in a plea bargain to 
second-degree burglary, Advertisement ChicoER.com Movie Times 
non-strike offenses.

The 3rd District Court of Appeal in Sacramento upheld Maestas' drug 
conviction, but overturned the life sentence, agreeing his prior 
crimes are not strikes.

In its 16-page decision, the three-member appellate panel conceded 
that because of various changes to the three-strikes law since it was 
first passed by California voters in 1982, there are times when it is 
appropriate for judges to "look beyond" the facts of a defendant's 
earlier crimes to resolve any ambiguity as to whether they qualify as strikes.

However, "the trial court's finding that (Maestas) committed 
first-degree burglaries contradicts his conviction of second-degree 
burglary," the appellate court stated.

"The court may look beyond the fact of the conviction, but not beyond 
logic and reason," it added, calling the life sentence against 
Maestas "neither fair or reasonable."

The California Supreme Court has reportedly since denied a petition 
by the Attorney General's Office to "de-publish" the Maestas opinion 
in an attempt to avoid establishing a legal precedent in other 
three-strikes cases.

Reached for comment, Ramsey asserted judges routinely examine the 
underlying facts of a defendant's prior crimes at the time of sentencing.

"I've re-read this decision, and find it convoluted and full of 
tortured logic," said Ramsey.

But Maestas' lawyer, Robert Radcliffe of Chico, feels the appeals 
court was trying to correct a basic unfairness in the case.

"I believe that the way they wrote the decision, the court felt it 
was not fair for the D.A. to go behind the plea agreement," Radcliffe observed.

Radcliffe calculated that with his two strikes now dismissed, Maestas 
has only about eight to 10 more months of his 2000 drug-manufacturing 
sentence to serve.

Maestas, who is currently imprisoned near Susanville, was supposed to 
be returned to Butte County to be re-sentenced last week.

When he didn't appear, Benson set a new sentencing date next month 
and signed an order for him to be transferred from prison for that hearing.
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MAP posted-by: Beth Wehrman