law. One can only assume that such experienced public officials have determined these defendants are appropriate candidates for such sentencing consequences.

Therefore, I argue that statistics that fail to identify the nature of the theft related crime or the nature of the drug crime, obscure the gravity of the offense and are grossly misleading. There are significant differences in "theft" offenses in terms of their magnitude and their degree of harm. There are significant differences in "drug crimes" and crimes that involve selling and manufacturing drugs. All such arguments need to be evaluated in terms of the fact that discretion has been exercised involving these individuals and their criminal records. In my view, all such arguments need to be evaluated in terms of the types of crimes they minimize by lumping them under "theft crimes" and 'drug crimes."

The argument is often made that many of the felony offenses that qualify a person for the Three Strikes Law are nonviolent burglaries and should not be used as "triggering" felonies. The actual percentage is 12.9% for second strike offenders (5% residential burglaries and 7.9% nonresidential) and 18% for third strike offenders (11.2% residential burglaries and 6.8% nonresidential).

I categorically reject the assertion that residential burglaries are nonviolent felonies. The Legislature has made that policy determination unmistakably clear and justifiably so. Residential burglaries are specifically categorized as serious felonies in Penal Code section 1192.7. Penal Code section 189 specifically provides that a killing in the course of a burglary is a capital offense. Courts have repeatedly held that a residential burglary is a felony involving a high risk of harm to individuals. It should also be recognized that, by definition, a residential burglary is an entry into someone's home for the purpose of committing a felony. This felony can include rape, assault or other violent felonies as well as theft of property from the home.

I also categorically reject the assertion that other types of burglary are nonviolent felonies. By definition, a person who commits a burglary enters someone's residence,

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