Does the non-violent crime of unlawful driving or taking a vehicle trigger a longer sentence under the Three Strikes Act?

California, United States of America


The following excerpt is from People v. Strong, 104 Cal.Rptr.2d 490, 87 Cal.App.4th 328 (Cal. App. 2001):

By its very terms, any felony triggers a longer sentence under the Three Strikes law as long as the defendant has sustained at least one strike.38 Since the express intent of the Three Strikes law is "to ensure longer prison sentences" for any defendant who has a qualifying strike and subsequently commits "a felony,"39 the nonviolent or nonthreatening nature of the felony cannot alone take the crime outside the spirit of the law. (People v. Gaston, supra, 74 Cal.App.4th at p. 321 [while the current offense -- unlawful driving or taking of a vehicle -- was not defined as serious under Three Strikes law, "it is far from trivial"].) To conclude otherwise would rewrite the statute to only trigger a longer prison sentence for those defendants who commit a violent or threatening felony after having committed at least one strike. That is not the law's letter or spirit.

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