Shoplifter’s ‘Three-Strikes’ Sentence Holds Up in District Court Review

A state appeals court has upheld a sentence of 25 years to life under the “three strikes” law for a man who shoplifted a wallet and a pair of shoes, ruling that he was legally punished for his record.

Manuel G. Pena, 29, “has demonstrated over the years that he presents a danger to society in that he cannot or will not act lawfully,” the 1st District Court of Appeal said in a ruling made public Friday.

The court noted that Pena, now 29, had been convicted of three armed robberies, in 1986 and 1989, had committed other crimes as an adult and a juvenile, and was on parole at the time of his thefts from a Richmond department store in March 1994.

But his appellate lawyer, Stephen Greenberg, said the law passed by the Legislature earlier that month, and by the voters in November 1994, was not aimed at crimes such as Pena’s.

“I think that’s pretty tragic, not just for Mr. Pena but for everybody, that for taking goods worth $35.98 we’re going to pay for keeping Mr. Pena in prison for 25 to life,” Greenberg said. He said he would appeal to the state Supreme Court.

The law applies to criminals with a record of one or more violent or serious felonies. After one such crime or “strike,” the sentence for any new felony is doubled. After two strikes, a new felony requires a term of 25 years to life.

Pena was convicted in a nonjury trial of shoplifting from a department store. Shoplifting, or petty theft, is normally a misdemeanor punishable by a county jail term, but can be treated as a felony with a prior conviction on any theft-related crime.