California, United States of America
The following excerpt is from People v. Shine, F063159, Super. Ct. No. 09CM0070 (Cal. App. 2012):
Defendant also complains that a life sentence was not appropriate in this case because his current offenses and prior strike convictions were for domestic violence. As noted by the People, defendant "is not subject to a life sentence merely on the basis of his current offense but on the basis of his recidivist behavior. Recidivism in the commission of multiple felonies poses a manifest danger to society justifying the imposition of longer sentences for subsequent offenses. [Citation.]" (People v. Kinsey (1995) 40 Cal.App.4th 1621, 1630.) Moreover, felony offenses arising from domestic violence constitute strikes
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if those felonies are serious or violent, and may trigger a third strike term under the circumstances. (See, e.g., People v. Laino (2004) 32 Cal.4th 878, 895-898.)
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