D.A. Considers Using ‘3-Strikes’ Law in Pot Case

Ventura County prosecutors said Thursday that they are considering filing their first charges under the state’s new “three-strikes-and-you’re-out” law--against an Oxnard man accused of cultivating seven marijuana plants.

Preston A. Shelton, 36, was arrested on suspicion of cultivating the plants only hours after the new law took effect Monday afternoon.

He may be eligible for prosecution under the new statute because he has at least two previous armed-robbery convictions, said Chief Deputy Dist. Atty. Kevin J. McGee.

“We’re looking into his background now,” McGee said Thursday afternoon.

Shelton was arrested at his home in the 1200 block of West Fir Street about 7:30 p.m. Monday, Oxnard police spokesman David Keith said.

Shelton’s parole officer had received a tip that the defendant was cultivating marijuana in his garage, Keith said. The parole officer visited Shelton’s home and, with backup from Oxnard patrol officers, searched the property.

The officers found the plants, some of them three feet tall, in the garage.

If charged and convicted under the new law, Shelton would face a sentence of 25 years to life. The statute prescribes such a sentence to anyone with two prior serious or violent felonies who commits any felony on a third offense.

Shelton is being held in the Ventura County Jail without bail for violating the terms of his parole, authorities said. He is scheduled to appear in Superior Court on March 18.

McGee said Shelton’s case presents local prosecutors with a dilemma because the latest incident appears to be relatively minor compared to his previous offenses.

“If this was a violent felony or a serious felony that he had just been arrested on, in all likelihood we would be proceeding on the ‘three-strikes-and-you’re-out’ now,” McGee said.

Right now, however, Shelton is not charged with the specific allegation of violating the new law.

McGee also said the new law gives prosecutors some discretion to not file enhanced charges if a defendant’s third or final strike does not appear serious enough to merit a life term in prison.

For instance, he said that could apply in a low-level felony case in which the defendant had been convicted of two serious or violent charges 30 years ago.

He said Ventura County Dist. Atty. Michael D. Bradbury has instructed his attorneys to file charges under the new law in cases that merit them, although the state district attorney’s association did not support the measure.

“It’s the law and we’re going to do our best to make it work in Ventura County,” McGee said. “There’s no doubt we need a habitual offender statute.”