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Name: People v. Romero
Case #: E030010
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/11/2002
Subsequent History: Rev. denied 10/2/02.
Summary

The Fourth DCA published this opinion to underscore its disagreement with the Ninth Circuit’s decision in Brown v. Mayle (2002) 283 F. 3d 1019 that 25 year to life sentences under the “Three Strikes” law for felony petty theft constitute cruel and unusual punishment. In this opinion, the court rejected appellant’s argument that his three-strike sentence for stealing a magazine constitutes cruel and unusual punishment. Given appellant’s criminal history, failure to comply with parole, and “due deference to the Legislature,” appellant’s sentence did not raise an inference of gross disproportionality.