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Appeals Court Tosses Three-Strikes Sentence

Cheers for the 9th Circuit Court of Appeals for throwing out a 25 year to life sentence for a man whose third strike was a shoplifting offense. The Court said the sentence was cruel and unusual punishment.

Ruling 2-1, a panel of the 9th U.S. Circuit Court of Appeals said the 25-year term handed to a California man convicted of stealing a $199 VCR violated the Eighth Amendment constitutional ban on cruel-and-unusual punishment. The appellate court said the punishment did not fit the crime even though the Supreme Court last year upheld the same sentences for two California shoplifters. The appeals court said the life sentence was unjust and more severe than a sentence for "murder, manslaughter or rape." The San Francisco-based appeals court said the Supreme Court's precedent did not apply to every third-strike defendant convicted of a felony.

In the case of Isaac Ramirez decided Monday, the appeals court said his priors were minimal: two unarmed robbery convictions. The defendants the Supreme Court dealt with last year had lengthy and sometimes violent criminal pasts. "Ramirez's sentence is grossly disproportionate to the crimes he committed in violation of the Eighth Amendment," Judge Kim McLane Wardlaw wrote. She was joined by Judge John Noonan. Wardlaw added that the "gravity of Ramirez's offense raises an inference of gross disproportionally in light of the nature and paucity of his criminal history." Without the three strikes law, Ramirez would have been eligible for up to a year in prison.

In what could be called Klass v. Klass, Joe Klass, grandfather of Polly Klass, is leading a fight to get voters to approve a law that would prohibit life sentences for three-strikers unless the strike triggering the sentence was a violent offense. Mark Klass, Polly's father, opposes the measure.

Provoking the split is a proposal that would require any offenses triggering "three strikes" sentences to be serious or violent crimes. The amendment would apply retroactively, allowing more than 26,000 offenders to seek resentencing and release. Under current law, offenders who have a record of one serious or violent crime are subject to a doubling of their prison term if convicted of any felony. Offenders with two such prior convictions face terms of 25 years to life. The final strike need not be serious or violent.

For more on the voter initiative, go here.

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