A California man, sentenced under a "three strikes" law to 25 years to life in prison after stealing an umbrella and two bottles of liquor, lost a Supreme Court appeal Tuesday.
The court turned down the man's argument that his sentence amounted to cruel and unusual punishment in violation of the Constitution's Eighth Amendment.
Justices David H. Souter and Stephen G. Breyer voted to grant review. Writing for the two, Souter said, "The issue is serious, the state courts have had adequate opportunity to consider it, and the stakes are substantial."
Stanley Durden was convicted in Los Angeles County for stealing two bottles of liquor and an umbrella from a supermarket in 1999. Because Durden had several prior convictions, the theft was prosecuted as a felony.
Under California's "three strikes" law, Durden was sentenced to 25 years to life based on his four previous convictions for robbery and attempted robbery.<
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