Thomas Spiller wins this appeal. The California Court of Appeal understandably concludes that his subsequent conviction for attempted murder does not automatically disqualify him for relief under Prop. 36.
But Mr. Spiller shouldn't celebrate just yet. Because I can virtually promise you that, on remand, the trial court will find him ineligible for Prop. 36 relief on the ground that his release would pose an unreasonable risk to public safety.
Which is what'll happen when you're convicted of (1) smuggling methamphetamine into prison, and (2) attempted murder while serving a life sentence.
Now, I could perhaps be wrong.
But I bet I'm not.
