OAKLAND, CA– A judge here in Alameda County Superior Court’s Rene C. Davidson courtroom this week cut 10 years off the sentence of a non-violent theft offender in prison under, as the court put it, an “out of whack” three-strikes law.
The hearing included the claim the three-strikes law can perpetuate cycles of prolonged incarceration for individuals, as argued in court by the defense.
The incarcerated man, who has spent 15 years in prison and is now 56 years old, faced charges related to multiple non-violent theft offenses. His last crime occurred in 2009, and, since then, he has expressed remorse and shown a commitment to rehabilitation, said his counsel.
Deputy Public Defender (DPD) Loren Williams submitted a comprehensive rehabilitation plan and a job offer, along with a victim impact statement from 2011. However, attempts to reach out to the victims in June yielded no response.
Judge Thomas E. Stevens referenced the victim’s “pretty disturbing prior record,” but noted that the accused’s history involved no violence—an important distinction of the case.
Despite Judge Stevens stating in a prior case the three strikes law is “way out of whack with current sentencing policies,” the judge opted to not consider immediate release for this case.
DPD Williams argued for reconsideration of the sentencing based on the accused’s low classification score and minimal violation history, stating, “I believe the court can see the classification score, rehab plan, and non-rule violations.”
DPD Williams pointed out the accused’s previous thefts, driven by economic hardship, would not be considered felonies under current laws, noting the charges in the case were outdated, with the public defender explaining today’s laws would treat the offenses completely differently.
The judge ultimately decided to reduce the sentence from 32 years to 22 years, striking two of the five-year priors.
However, Judge Stevens maintained the double term under the three-strikes law would remain, stating, “This case does not prevail for immediate release; the maximum will be reduced by 10 years.”
Although the restitution fund fine was also reduced to $500, the accused has no source of income other than prison work and no assets, according to DPD Williams.
