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Gary Ewing and the California Three Strikes Law
Gary Ewing was 38 years old in the year 2000 when he walked into a golf pro shop and stole three clubs. He had previously been convicted of theft and burglary with his last conviction occurring maybe seven or eight years before this incident. The judge declined to use that discretion to strike any of Mr. Ewing's prior felony convictions, and he was sentenced to 25 years to life. Sandra Day O'Connor: This case is about whether punishment can be unconstitutional if they are disproportionate to the crime. And we should say in the death penalty context, the Supreme Court said, you know, punishment in terms of the death penalty does have to be proportional to the crime, right?