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SANTA BARBARA, CA—A Ventura County career criminal was sentenced to 25 years to life in prison under California's three-strikes law for stealing $11.53 worth of goods from a grocery store.
Ronald Herrera, who already had 17 serious felonies under his belt before the January theft at a Carpinteria Von's supermarket, was found guilty of commercial burglary and petty theft with prior convictions. He stole lip balm, breath freshener and a bottle of cheap wine.
His oftentimes violent criminal resume included a 1971 home-invasion robbery and rape of a woman and her 15-year-old daughter in Ventura, the shooting of a police dispatcher and six armed robberies in Virginia.
Superior Court Judge Frank Ochoa on Thursday called Herrera, 57, of Oxnard, one of the worst criminals to pass through his courtroom.
"He's what the three-strikes law is all about. He's a career criminal," Deputy District Attorney Darryl Perlin said.
During the jury trial, Deputy Public Defender Jeff Chambliss claimed Herrera has a brain injury that affects his memory. When he left the store with the stolen items, the defense attorney said Herrera simply forgot that he hadn't paid for them.
SANTA BARBARA, California (BNW) --While our country is planning to fight wars and rumors of wars, America needs to come to gripes with the injustice done to American citizens. If we as a nation will ever be successful in fighting terrorists abroad, we must deal with the injustice of the criminal justice system at home which is breeding home grown terrorists.
For example, who law enforcement officials call a career criminal was sentenced to 25 years to life in prison under California's three-strikes law for stealing $11 worth of wine, lip balm and breath freshener.
Superior Court Judge Frank Ochoa called Ronald Herrera, 57, one of the worst criminals to pass through his courtroom, and prosecutor Darryl Perlin said: "He's what the three-strikes law is all about."
Herrera's record lists 17 serious felonies, including a 1971 home-invasion robbery and rape of a woman and her 15-year-old daughter, the shooting of a police dispatcher, and six armed robberies in Virginia.
No doubt Herrera appears to be a bad guy, but not all the victims of the criminal justice system is like Herrera. Some are victims of the social ills that caused them to commit crime.
Herrera was sentenced Thursday for burglary and petty theft at a supermarket.
At trial, his lawyer said Herrera has a brain injury that made him forget to pay for the items.
California's three-strikes-you're-out law, passed in 1994, is the toughest in the nation, mandating 25 years to life for a felony committed by someone already convicted of two serious crimes.
The U.S. Supreme Court heard arguments earlier this month on whether such sentencing amounts to unconstitutionally cruel and unusual punishment.
The nation's highest court is taking up a tough "three strikes" sentencing law.
Tuesday, the U.S. Supreme Court heard two California cases involving men who received steep prison sentences for relatively minor thefts.
Justices questioned whether a California law mandating harsh sentences for three-time felons amounted to cruel and unusual punishment when it applied to the men's latest crimes -- the theft of videotapes in one case and the theft of golf clubs in the other.
California's law, a novel idea when enacted eight years ago, provides for mandatory prison terms of 25 years to life for career criminals convicted for the third time of a felony. But under the law, offenses such as petty theft and shoplifting can put offenders with prior criminal records behind bars for life. That's because those misdemeanors can be upgraded to felonies if the accused has two prior felony convictions for the same type of crime.
Leandro Andrade was given two consecutive 25-years-to-life sentences in 1995 for stealing videotapes in two southern California stores. While in most cases the crimes would have been tried as misdemeanors, Andrade's prior felony burglary convictions turned them into felonies, his third "strikes."
A federal appeals court found the sentence "grossly disproportionate," violating the Eighth Amendment's ban against cruel and unusual punishment. State officials then appealed to the U.S. Supreme Court.
Unfair treatment?
In Tuesday's arguments, Andrade's attorney, Erwin Chemerinsky, told the justices his client had been treated unfairly under the law. "No other state would impose this kind of sentence," Chemerinsky said.
But State's Attorney Douglas Danzig said Andrade's prior record of theft and burglary "demonstrated beyond any doubt he is a habitual offender" which he said was the intent of the California law.
In the other case, Gary Ewing is serving 25 years to life for stealing golf clubs from a Los Angeles country club. The prosecutor had the option of charging Ewing with a misdemeanor but chose to try the case as a felony, citing his prior criminal record. The California Supreme Court had rejected Ewing's appeal of his sentence. His lawyer said Ewing has AIDS and expects to die soon.
Justice Antonin Scalia called Ewing "a very good candidate for that [three strikes] law," and "precisely the kind of person you want to get off the streets."
Ewing's public defender, Quin Denvir, disagreed. "There are limits to how much aggravating factors shoplifting three golf clubs can be," he said.
Popular law
The "three-strikes" law passed in 1994, after a voter referendum got 71 percent support. The ballot measure was prompted by the 1993 abduction-murder of 12-year-old Polly Klaas in Petaluma. The killer, Richard Allen Davis, was a twice-convicted kidnapper who had been on parole after serving only half of a 16-year prison term for the second kidnapping. Davis remains on California's death row.
Supporters of the measure hoped the tough sentencing law would send a message to career criminals and give so-called "lenient" judges less discretion in sentencing.
Opponents say violent crime has not been reduced because of the law, and that crimes normally prosecuted as misdemeanors should be not be allowed to put a person away for life in prison. They claim about 350 prisoners are currently in the same situation as Andrade and Ewing.
The total number of three-strike criminals in California prisons has grown to about 7,100, with the law requiring them to serve their full sentences without parole.
The Supreme Court in the 1980s split on the issue of life sentences for minor, non-violent felonies, in cases in Texas and South Dakota. In 1991, justices upheld a life sentence for a Michigan man with no prior criminal record accused of possessing 1.5 pounds of cocaine.
source: http://www.blacknewsweekly.com/229.html 10:17 AM 4/16/2003
As the United States Supreme Court prepares to jump into the Three-Strikes debate, a Santa Barbara Jury recently convicted a three-strike defendant, Ronald Herrera. Yes, the third strike was a non-violent offense. Yes, the third strike was the theft of a small amount of merchandise. And, yes, this case illustrates why the Three Strike Law is necessary to protect public safety.
Here’s the rest of the story.
Ronald Herrera has 30 prior convictions. Nineteen are for serious or violent felonies. His first serious felony conviction occurred in 1965. It was an attempted robbery. In 1969 he was convicted of robbery.
Then on December 27, 1971, in the Ventura Superior Court, Ronald Herrera was convicted of four counts of robbery, three of which involved the use of a gun, two counts of forcible rape, and three of counts of forcible oral copulation. He was then transported back to the state of Virginia for charges in that jurisdiction. On April 11, 1972, he was convicted in Norfolk, Virginia, of six counts of robbery, one count of attempted murder and one count of attempted robbery. The attempted murder charge stemmed from his shooting a police officer in the face. He received a sentence of 50 years in prison.
But, in 1986, as a result of a mix up, the Virginia State Prison system released him. Herrera returned to California and was arrested shortly thereafter as a result of a driving under the influence of alcohol offense, as he was driving his car the wrong way on the San Diego Freeway. He was involved in a head-on collision with another car. He was then committed to the California State Prison system to serve time on his 1971 Ventura convictions.
In 1996, Herrera became eligible for parole, but was classified as a Sexually Violent Predator. After a jury trial, he remained in custody for two more years. Two years later, another jury determined he was still a Sexually Violent Predator. He was finally released from Atascadero State Hospital in November 2001. At the time of his release, Herrera was informed that if he committed any new felony he would be facing 25 years to life. Herrera stated he would be leaving California.
Instead, he moved to his mother’s home in Carpinteria. In less than 90 days he was in custody for the offenses for which the Santa Barbara County Jury convicted him.
The trial was interesting in itself for no other reason than the amount of money spent by the public defender trying to bamboozle the jury. The defense contended that Herrera had suffered a brain injury as a result of the 1986 accident on the San Diego Freeway. They hired experts to conduct scientifically questionable tests at the cost of $20,000 of taxpayer funds to testify Herrera’s brain was probably damaged because of the auto accident and his memory problems affected his ability to recall the fact that he had actually stolen a number of items from the store. Despite not knowing Herrera’s background, the jury convicted him of both theft-related charges. The next day to their amazement in a separate proceeding they were asked to determine the validity of Herrera’s 17 prior serious and violent felonies. Not surprisingly, the jury didn’t take very long in returning verdicts making Herrera a Three-Striker. Some offered less than complimentary remarks about the defense experts and expenditure of this large sum of money on such a ridiculous defense.
Herrera will be sentenced on November 12, 2002. The parole officer’s admonition that Herrera could become a Third-Striker facing 25 to life will soon be a reality.
source: http://www.countyofsb.org/da/currentEvent/3strikeFelon.asp 10:04 AM 4/16/2003
SANTA BARBARA, California—A career criminal was sentenced to 25 years to life in prison under California's three-strikes law for stealing $11 worth of wine, lip balm and breath freshener. Superior Court Judge Frank Ochoa called Ronald Herrera, 57, one of the worst criminals to pass through his courtroom, and prosecutor Darryl Perlin said: "He's what the three-strikes law is all about." Herrera's record lists 17 serious felonies, including a 1971 home-invasion robbery and rape of a woman and her 15-year-old daughter, the shooting of a police dispatcher, and six armed robberies in Virginia. He was sentenced Thursday for burglary and petty theft at a supermarket. At trial, his lawyer said Herrera has a brain injury that made him forget to pay for the items.
source: http://www.legal-forms-kit.com/legal-jokes/stupid-criminals.html 16 Apr 2003
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