California, United States of America
The following excerpt is from People v. Fradiue, 80 Cal.App.4th 15, 95 Cal.Rptr.2d 1 (Cal. App. 2000):
Even if we were to agree with defendant that the seriousness of the current offense does not warrant a life sentence, our analysis "must take into account his recidivist behavior." (People v. Gray (1998) 66 Cal.App.4th 973, 992.) In this regard, we cannot agree that the sentence is disproportionate to defendant's past crimes and the risk he poses to society. Defendant's past offenses include two murders, an attempted murder and an assault with a firearm. Despite this record and the significant terms of imprisonment imposed as a consequence, defendant has once again proven he is incapable of living a life free of crime, even inside a prison.
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