Third-striker to be released over prosecutor’s objection

A man who was serving 25 years to life in prison under the state’s three strikes law after a conviction for unlawful taking of a vehicle will be released from custody after a judge determined Monday that he does not pose an unreasonable risk of danger to society.

The decision by Orange County Superior Court Judge Robert R. Fitzgerald came over the objections of the Orange County district attorney’s office.

Robert Rudy Lozano, 48, was sentenced under the three strikes law in 1999. His prior felonies include a 1985 conviction for voluntary manslaughter for beating a man to death with a baseball bat after an argument and a 1992 conviction for first-degree burglary and second-degree robbery.

Senior Deputy Dist. Atty. Lynda Fernandez objected to Lozano’s release based on his criminal history and several rules violations while behind bars. Lozano has been in and out of jail since 1984, when he was convicted of a misdemeanor for being under the influence of a controlled substance. He has since had multiple misdemeanor drug convictions. He also recently tested positive for morphine, Fernandez said.

Lozano’s 25 years to life sentence was reconsidered because of Proposition 36, the 2012 ballot initiative that allows some three strikers to petition for release if their third offense is not considered a serious or violent crime.

Lozano’s petition for release had been denied earlier this year, but his lawyer filed for reconsideration citing his poor health. Lozano suffers from hepatitis C and end-stage liver disease, said Arlene Speiser of the Orange County public defender’s office.

Speiser said Lozano used morphine to treat pain from his illness and had previously been prescribed the drug while in prison. She said her client has been in custody for 15 years based on a conviction for unlawful taking of a vehicle.

“Under the current state law he would have gotten a maximum of less than half of what he’s already served,” she said.

“The man is very sick,” Speiser said, and “he’s not going to be released onto the streets homeless. He’s got a very supportive family dynamic structure that is more than able to care for his every need.”

According to the Orange County district attorney’s office, it has received more than 100 petitions for resentencing under Prop. 36.

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