Criminal Law Keyed to Dressler
Ewing v. California
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
While on parole, Defendant stole three golf clubs priced at $399.00 each. Prior to this incident, Defendant had committed several prior crimes. In 1984, he pleaded guilty to theft. In 1988, Defendant was convicted of felony grand theft auto. However, the sentencing court reduced this crime to a misdemeanor after Defendant had served probation, permitted him to withdraw his guilty plea, and dismissed the case. In 1990, Defendant was convicted of petty theft with a prior. In 1992, he was convicted of battery. One month later, Defendant was convicted of theft. In January of 1993, he was convicted of burglary. In February 1993, he was convicted of possessing drug paraphernalia. In July 1993, Defendant was convicted of appropriating lost property. In September 1993, he was convicted of unlawfully possessing a firearm and trespassing. In October and November 1993, Defendant committed three burglaries and one robbery at a Long Beach, California, apartment complex over a 5-week period . On December 9, 1993, Defendant was arrested on the premises of the apartment complex for trespassing and lying to a police officer. The knife used in the robbery and a glass cocaine pipe were later found in the back seat of the patrol car used to transport Defendant to the police station. After his conviction of first-degree robbery and three counts of residential burglary, Defendant was sentenced to nine years and eight months in prison. While on parole for this conviction, Defendant stole the golf clubs at issue in this case. Defendant was convicted of one count of felony grand theft of personal property in excess of $400. The trial court found, as required by the three strikes law, that Defendant had been convicted previously of four serious or violent felonies for the three burglaries and the robbery in the Long Beach apartment complex. As a newly convicted felon with two or more “serious” or “violent” felony convictions in his past, Defendant was sentenced under the three strik es law to 25 years to life.
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9m 29s