Judge to Take Another Look at ‘3 Strikes’ Prison Sentence : Courts: Santa Monica jurist sets a hearing next week after finding new information. He had sentenced check forger to 25 years to life in prison.

A Santa Monica judge has taken the rare step of reconsidering the sentence of a check forger facing 25 years to life in prison under the state’s “three strikes” law.

Superior Court Judge Leslie W. Light this week reluctantly sentenced Michael Leon James, a 30-year-old career criminal, saying that he felt obliged to follow the new law.

But Thursday the judge announced that he had discovered new information and would reconsider the sentence in a court hearing next week.

He declined to describe the new facts. However, arguments at the hearing may center on whether the judge has the authority to rule out a defendant’s prior convictions when deciding a “three strikes” case, lawyers said. That would appear to directly clash with the nature of the law, signed in March by Gov. Pete Wilson, which requires a sentence of 25 years to life for any defendant who has previously been convicted of two violent or serious felonies.

Light said he believes that he has the authority to not take prior convictions into account when imposing a sentence--even though he followed the “three strikes” law in sentencing James on Tuesday.

“I’ve been on the bench 27 years and sentenced a lot of people,” Light said. “I know you usually have to make the call and not stew about it. But sometimes you make the call and you find yourself stewing about it.”

Light said the sentencing of James was his first “three strikes” sentence “and that’s why I’m in a state of flux about it.”

In refusing to talk about the new information he had found, the judge said: “I’m not running the O.J. Simpson trial here.”

Legal experts said it is rare for a judge to consider changing a sentence.

James’ attorney, Deputy Public Defender Charles Cervantes, praised Light’s decision to reconsider the sentence.

“I would applaud (the judge’s) courage for having the strength of character to do this because (recalling the sentence) would be a politically unpopular move, especially among law and order types,” Cervantes said.

But Deputy Dist. Atty. Lori Aiu argued that James’ sentence was appropriate because of the defendant’s lengthy criminal record.

“Our position is that the judge doesn’t have the authority” to ignore the prior convictions in this case, Aiu said. “We went to trial and the jury convicted the defendant knowing what his record was. We were in total agreement with the judge’s sentence.”

James was arrested at a Culver City supermarket June 23 on suspicion of trying to pass a forged check for $94 and carrying a fake driver’s license. A jury convicted him of the two charges in October.

Previously, he had been convicted of six felonies dating to 1982, including two burglaries, two auto thefts and one count of assaulting a police officer. His burglary and assault convictions made him eligible for sentencing under the “three strikes” law.