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Life In Prison for Stealing Groceries
A 50-year-old man with a lengthy criminal history could spend the rest of his life in prison for stealing a basket of groceries in 2003, a judge ordered Tuesday.
A 50-year-old man with a lengthy criminal history could spend the rest of his life in prison for stealing a basket of groceries in 2003, a judge ordered Tuesday.
Kern County Superior Court Judge Kenneth C. Twisselman III sentenced Mark Eddie McKenzie to 27 years to life in prison after he was convicted of a petty theft.
McKenzie had been previously sentenced to the same term, but an appeals court ruled that he couldn't be convicted of committing a petty theft and for attempted possession of stolen property for one act.
The appeals court sent the case back to Kern County Superior Court for resentencing.
McKenzie was given the term of 27 years to life because that was his third strike under California's three-strikes law.
Under this law, a person who racks up a third felony may be sentenced to life in prison.
Prosecutors in many counties across California have decided to pursue a third strike on a case-by-case basis.
Dan Sparks, the second in command under Kern County District Attorney Ed Jagels, said his office pursues life in prison on any possible third-strike offense, even nonviolent.
"We do not see any room in the language of the law to exercise ... discretion," Sparks said.
McKenzie's attorney Nancy Sharp disagreed with the policy.
"I don't think it's a good way to approach the policy," Sharp said. "It's a mindless policy. It allows people to do horrible things because it's policy. I think we should expect more from our judges and from the prosecution."
Deputy District Attorney Jessica Hartnett, who was the prosecutor in the sentencing, said life in prison was justified.
"This man had a prior record of violence," Hartnett said. "He was also a recidivist."
She noted an array of offenses dating back from 1975 including burglary, drug, and firearms crimes. The strikes were given for assault with a firearm in 1983 and committing a lewd and lascivious act with a child under the age of 14 in 1988.
Sharp disagreed.
"It's immoral to send a person to life in prison for stealing groceries no matter what his history," Sharp said.
She was hoping that the judge would have shown leniency on the case.
"There is no justice when a man can get more time for stealing groceries than for murdering somebody," Sharp said.
Kern County Superior Court Judge Kenneth C. Twisselman III sentenced Mark Eddie McKenzie to 27 years to life in prison after he was convicted of a petty theft.
McKenzie had been previously sentenced to the same term, but an appeals court ruled that he couldn't be convicted of committing a petty theft and for attempted possession of stolen property for one act.
The appeals court sent the case back to Kern County Superior Court for resentencing.
McKenzie was given the term of 27 years to life because that was his third strike under California's three-strikes law.
Under this law, a person who racks up a third felony may be sentenced to life in prison.
Prosecutors in many counties across California have decided to pursue a third strike on a case-by-case basis.
Dan Sparks, the second in command under Kern County District Attorney Ed Jagels, said his office pursues life in prison on any possible third-strike offense, even nonviolent.
"We do not see any room in the language of the law to exercise ... discretion," Sparks said.
McKenzie's attorney Nancy Sharp disagreed with the policy.
"I don't think it's a good way to approach the policy," Sharp said. "It's a mindless policy. It allows people to do horrible things because it's policy. I think we should expect more from our judges and from the prosecution."
Deputy District Attorney Jessica Hartnett, who was the prosecutor in the sentencing, said life in prison was justified.
"This man had a prior record of violence," Hartnett said. "He was also a recidivist."
She noted an array of offenses dating back from 1975 including burglary, drug, and firearms crimes. The strikes were given for assault with a firearm in 1983 and committing a lewd and lascivious act with a child under the age of 14 in 1988.
Sharp disagreed.
"It's immoral to send a person to life in prison for stealing groceries no matter what his history," Sharp said.
She was hoping that the judge would have shown leniency on the case.
"There is no justice when a man can get more time for stealing groceries than for murdering somebody," Sharp said.
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