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Criminal Law Keyed to Kadish
Ewing v. California
Citation:
538 U.S. 11 (2003)ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
From 1988 to September of 1993, Defendant had gained an extensive criminal record. This included multiple thefts, one burglary, one robbery, and one possession of drug paraphernalia and a firearm. Sentences typically ranged from 10 to 60 days in jail, although Defendant served one year for one of the theft charges and six months for the drug charge. Over a five-week period from October to November of 1993, Defendant committed three burglaries and one robbery. Defendant was convicted of robbery and three burglary counts and was sentenced to a period of 116 months.
10 months after Defendant was released on parole in 1999, Defendant concealed in his pants leg and stole three $399 golf clubs from the El Segundo Golf Course. Police apprehended Defendant in the parking lot. Defendant was later convicted of a grand theft felony after the trial court found Defendant had four prior serious or violent felony convictions for the robbery and three burglaries in 1993. Defendant was sentenced under the “Three Strikes” law to 25 years to life imprisonment.
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Topic Resources
Topic Outline
Theories of Punishment