He is a recovered crack addict with a long criminal history—three counts of robbery, five counts of burglary, a hit and run, and two counts of grand theft of property. His one violent offense, battery in 1991, was not counted as one of his three-strike offenses. And he is one of 4,000 to 26,000 inmates—depending on whether you’re speaking to backers or opponents — who would qualify for re-sentencing under Proposition 66.

In 1980, when Smith was 17 years-old, his mother died of cancer, and he started to use drugs. At 19 , he was arrested for grand theft of property and began a downward spiral of criminal activity. He was in and out of jail for the next twelve years.

In 1994, following the kidnapping and murder of 12-year old Polly Klaas by a repeat violent offender, the California legislature approved the country’s toughest three-strikes law. It’s backers, including the Klaas family, pushed for it to be adopted as an initiative as well, and a month later, the three strikes ballot measure was approved by 72 percent of California voters. In the official ballot argument, proponents of the law claimed, "Three Strikes keeps career criminals, who rape women, molest innocent children and commit murder, behind bars where they belong."

Less than three weeks after the three-strikes law was signed, Smith was picked up for aiding and abetting two women who stole bed linens valued at $599.93 from a Robinsons May Department store. He was convicted of grand theft of property over $400 and petty theft with a prior jail term.

Former Los Angeles District Attorney Gil Garcetti decided to prosecute Smith under the three-strikes law. Smith was convicted in 1994 and, as a result of three-strikes, sentenced to 25 years to life, with no possibility of parole until the minimum sentence is completed.

“Yes on 66” proponents claim that Smith is one of 4,000 inmates caught in a legal net meant for violent offenders that was cast too wide.

They cite California as the only one of twenty-six three-strike states that doesn’t require a violent crime conviction to trigger a third strike. Currently, any one of California’s 500 plus felonies can trigger a sentence.

Proposition 66 would amend the three-strikes law by restricting third-strike offenses for repeat felons. The proposition also removes eight felonies from the category of serious or violent crimes, including burglary of an unoccupied residence - Smith’s second strike - and includes a provision eliminating multiple strike convictions in the same proceeding.

Nearly the entire criminal justice system in California opposes Proposition 66, and so does Republican Gov. Arnold Schwarzenegger, who has spent one million dollars of his own money on the “No on Prop 66” campaign.

“Murders and rapists get out under Proposition 66,” said Sara Shults, the spokesperson for “No on Prop 66,” “The only method that puts these offenders in for life under current law is three-strikes.”

But Smith, clearly a repeat offender, is not a murder or rapist, nor is he a violent criminal. He’s a newly recovered drug addict with a long record that represents a gray area for many voters about what type of criminals the three-strikes law is meant to lock away.

“There are other precautions in the law for violent criminals,” said Sandy Harrison, spokesperson for “Yes on 66,” “Prop 66 is not taking out the entire penal code. Repeat violent offenders are still subject to other laws.”

Smith’s story is somewhat of a cliché. In prison, he has re-discovered his faith, is now sober, and wants a new chance at life. He has received certification as a welder and leads prayer in his church group, Days of Heaven Fellowship Ministries International.

Under the current three-strikes law, he is not eligible for parole for another 15 years, until he completes his 25 year minimum sentence. But if Proposition 66 passes, his case will be reviewed by a judge within 180 days of it being written into law, and there is a good possibility that he will be released, according to the Yes on 66 campaign.

In a new Field Poll completed over a seven-day period between Oct. 21-27, the size of the No vote has almost doubled from two weeks ago to 33%, while the Yes vote has dropped to 55%.

Smith’s aunt, Dorothy Erskin remains optimistic that voters will approve Prop 66 and give her nephew another chance at life.

“Brian is going to come stay with me,” said Erskin, “I am so proud of the way he has changed, his attitude. As long as he stays on the golden path, I am going to be here to support him.”