In his dissent, Justice Stephen Breyer noted, "Ewing's sentence is, at a minimum, two to three times the O'Connor admitted Ewing's "sentence is long, but so is his criminal history." "When the California legislature enacted the three-strikes law, it made a judgment that protecting the public safety requires incapacitating criminals who have already been convicted of at least one serious or violent crime," said Justice Sandra Day O'Connor, writing for the majority. In a 5-4 decision, justices said states should have the discretion to keep repeat offenders behind bars. His lawyer said Ewing has AIDS and expects to die soon. The state supreme court had rejected Ewing's appeal of his sentence. In his case, the prosecutor had the option of charging Ewing with a misdemeanor but chose to try the case as a felony. Gary Ewing is serving 25 years to life for stealing golf clubs from a Los Angeles country club. Because of a legal twist, the law can result in offenders with prior criminal records being put behind bars for life for non-felony offenses such as petty theft and shoplifting. Justices ruled on two separate cases involving California's then-novel 1994 law, which provides for mandatory prison terms of 25 years to life for career criminals convicted for the third time of a felony. WASHINGTON (CNN) - A sharply divided Supreme Court upheld long prison sentences given to two men whose theft of golf clubs and videotapes placed them under California's controversial "three strikes you're out" law.Īt issue was whether state laws mandating harsh sentences for three-time felons amounted to cruel and unusual punishment. Justices' long tenure brings stability, speculation on retirement
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