I’m very happy to report that yesterday morning our client, Agustin Diaz, was ordered immediately released from prison after serving over 23 years of a life sentence under the Three Strikes law. Due to reforms we helped enact last year, the Superior Court in Los Angeles vacated Agustin’s life term and re-sentenced him to time served!

“I thought I was going to die in prison,” Agustin said in court yesterday,  “And I was prepared for it.” Agustin was originally sentenced to 82-years-to-life for a nonviolent burglary he committed

Three Strikes Project Update

near the Los Angeles airport in 1996. His earliest possible parole date would have been when he was 114 years old.

After the court pronounced its judgment yesterday, Agustin thanked the judge, his legal team, and even the prison system, which supported his release: “I am so grateful to this court and everyone for this opportunity to be with my family and to see my grandchildren.”

Congratulations to our amazing staff attorney Milena Blake, who lead our litigation on Agustin’s behalf and was with him in court yesterday. The court reduced Agustin’s sentence under recent reforms that recognize extraordinary in-prison rehabilitation efforts and give judges an opportunity to revisit old sentences, upon the recommendation of the Secretary of the Department of Corrections and Rehabilitation. After an exhaustive review, CDCR Secretary Ralph Diaz concluded that Agustin’s record of rehabilitation was “so extraordinary” that Agustin had “changed as a person” and that he would be an “asset to the community” if released. Despite no realistic chance at release, Agustin logged countless hours in rehabilitative, educational, and vocational programs, in-prison jobs, and self-help groups.

Because he is a native of Cuba, Agustin will be transferred to custody of Immigration and Customs Enforcement. It is unclear if he will be deported or released within the US. He has family both in LA and in Cuba — all of whom are excited to welcome him home. We will keep close tabs on his release and will assist his reentry any way we can.

As usual, we couldn’t be happier for Agustin and his family or prouder of our team, especially Milena who shepherded the case from beginning to end!

Other Exciting Project News:

We are also very proud that earlier this month Governor Newsom appointed Project director Mike Romano to chair a new Committee on the Revision of the Penal Code, whose mission is to improve and revise criminal law in California. The committee officially begins its work in January — and more updates from Mike will follow.

Finally, in four short weeks a new crop of law students will officially join the Three Strikes Project and begin work on our ever-growing number clients. We hope to have more successes to share with you in the future.

For more information about the Three Strikes Project, please visit: threestrikesproject.org

Susan Champion is the Deputy Director of the Three Strikes Project at Stanford Law School.