What factors are considered to be relevant in determining whether a defendant is within the spirit of the Three Strikes Act?

California, United States of America


The following excerpt is from People v. Storrs, B233173 (Cal. App. 2011):

remote. However, these factors are far outweighed by the other considerations we have set forth that establish defendant is not outside the spirit of the Three Strikes law. "Plainly the Three Strikes initiative, as well as the legislative act embodying its terms, was intended to restrict courts' discretion in sentencing repeat offenders." (People v. Superior Court (Romero), supra, 13 Cal.4th at p. 528.) Defendant is such an offender.

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