Is a defendant's past history of non-violent criminal conduct sufficient to warrant a longer sentence under the Three Strikes Act?

California, United States of America


The following excerpt is from People v. Campbell, C082255 (Cal. App. 2017):

Defendant contends the trial court erred by giving too much weight to his nonviolent criminal history. He asserts that his current offenses (like most of his criminal history) are nonviolent crimes that do not demonstrate any tendency to recidivate as a violent felon. However, "any felony triggers a longer sentence under the Three Strikes law as long as the defendant has sustained at least one strike. . . . [T]he nonviolent or nonthreatening nature of the [current] felony cannot alone take the crime outside the spirit of the [Three Strikes] law." (People v. Strong (2001) 87 Cal.App.4th 328, 344, fn. omitted.) Moreover, as defendant acknowledges, his extensive criminal history includes a misdemeanor conviction for battery and three felony evading convictions. Although defendant's evading convictions did not involve violence, they were in fact serious crimes that presented a danger to the community and the pursuing officers.

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