In fact, if one looks at the case that upheld the constitutionality of the Three Strikes law and gave trial courts the discretion to strike prior convictions if prosecutors have such discretion, one finds the very same criminal pattern. In People v Superior Court (Romero) (1996) 13 Cal 4th 497, the defendant was reported as having five prior felony convictions in addition to the new "triggering" offense as well as numerous prior misdemeanor convictions.

The argument that the law can or does result in sentences disproportionate to the crime likewise focuses on the offense rather than the offender. Further, such arguments assume that it is not appropriate for society to simply say that repeated criminal behavior will not be tolerated. Typical of such arguments are the grossly misleading hyperbole surrounding the alleged "pizza guy." This is the man who supposedly only stole a slice of pizza and was sentenced to 25 years to life. The attempts to cast this individual as a modern day Jean-Valjean (with apologies to Victor Hugo's Les Miserables) are simply beyond comprehension. This individual had five prior felony convictions, including two serious and violent convictions that consisted of robbery and attempted robbery. He was granted probation and given suspended sentences five times between 1985 and 1990, even though he had been convicted of two misdemeanors and three felonies. The alleged

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