Felon Arrested in Newport Faces ‘Strike 3’ : Law: In the second case of its kind in the county, prosecutors are targeting a convicted robber and burglar who was holding a loaded weapon when stopped by police, authorities say.

In the second “three strikes” case filed in Orange County, prosecutors are targeting a convicted robber and burglar who was holding a loaded weapon when he was stopped for speeding, officials said Thursday.

Jeffrey Lee Hart, 36, was arrested March 23 in Newport Beach after he grabbed a loaded handgun and tried to hide it as police ordered him from his car, prosecutors said.

Under a new law aimed at cracking down on three-time offenders, Hart faces 25 years to life in prison if convicted of felony possession of a weapon by a felon. He will be arraigned Wednesday in Municipal Court in Newport Beach.

Hart was first convicted of a felony, a robbery in Sacramento, in 1977 and was sentenced to five years to life in prison. His second strike came in 1985, when he was sentenced to 10 years in prison for a burglary in Bakersfield, said Deputy Dist. Atty. Delbert L. Wright.

Hart originally faced the single felony weapons possession charge until a background investigation turned up the additional felonies, said Assistant Dist. Atty. Jan J. Nolan.

A Garden Grove man last week earned the distinction of being the county’s first defendant charged under the new law. Formerly convicted of robbery and assault with intent to commit murder, Mario V. Rodriguez, 30, also faces 25 years to life for allegedly shooting a man in the face with a flare gun after a barroom brawl.

Judges, prosecutors and defense attorneys locally and statewide are still trying to sort out the impact of the new law. Some say the law takes away a judge’s discretion, while others say the legislation is needed to crack down on defendants who repeatedly commit serious or violent felonies.

Many defense attorneys say the law is too broadly drafted, and unfairly counts juvenile convictions as a “strike.” Others also question whether the law will be used fairly, and wonder whether problems such as purged juvenile files could result in uneven prosecutions.

Prosecutors say they will carefully review all cases in which the new law applies. But one case that came before a judge Thursday underscores the wide discretion under the new law.

Abel Perez, 45, was arraigned Thursday in Municipal Court in Santa Ana on felony charges that he possessed a small amount of heroin, just enough for a single high, Deputy Dist. Atty. Carl Armbrust said.

The charges make Perez eligible for the “three strikes” enhancement that could send him to prison for 25 years to life. Perez has a prior 1975 conviction for forced sodomy, on which he served just over two years on a five-year sentence, and a 1986 burglary-assault case.

He also violated parole numerous times before his recent drug arrest.

But Armbrust said he asked a judge Thursday to drop one of Perez’s prior felony convictions for the purposes of the drug case. As a result, Perez now faces “two strikes,” which still will limit the amount of time that may be shaved off his prison term.

Typically, defendants only serve half their given sentences with credit for good behavior and work. Perez faces a maximum sentence of 10 years in prison if convicted of the drug charge.

“It just didn’t seem right, 25 years to life in prison for such a small amount of heroin,” Armbrust said, adding that Perez has drug problems. “It would be different if he had a larger amount.”