Rather, what must be examined is what actually occurs when the crime charged is sentenced. Many cases are filed alleging specific crimes and enhancements that theoretically could result in a certain possible sentence. Many of these cases are actually disposed of at far lower consequences. It was intended that those actually sentenced under the Three Strikes Law after the initial charging decision went through the normal "winnowing" process would be those who clearly demonstrated the profile of the habitual criminal.

I think it is quite telling to look at the actual nature of the "triggering" felonies which result in a Three Strikes sentencing. According to the California Department of Corrections Data Analysis Unit, as of September 30, 1999, a total of 43,831 "second strike" offenders have been sentenced under the Three Strikes Law (one prior "serious" or "violent" prior felony conviction when they committed their new "triggering" offense making them eligible for a doubling of their term and no probation). Of those offenders the following profile emerges: 27.6% (12,090) of the "triggering" offenses were for new "serious" or "violent" felonies or for felonies with violence committed against the victim (murder 1St murder 2nd, , manslaughter, vehicular manslaughter, robbery, assault with a deadly weapon, assault by means of force likely to produce great bodily injury, felony battery, rape, lewd act with child, forcible oral copulation, sodomy, penetration with an object, other sex offenses, kidnapping, residential burglary). Of the "triggering" offenses, 6.4% (2,826) were for "possession of a weapon." This means possession of an illegal weapon such as a firearm by a person who has been previously convicted of a "serious" or "violent" felony. The obvious question is why did they have an illegal weapon?

For the 5,658 offenders who have been sentenced under the Three Strikes Law who had two prior "serious" or "violent" prior felony convictions when they committed their new "triggering" offense (making them eligible for a minimum of 25 to life) the profile is even more ominous. Of such "third strike" offenders, 52.2% committed new "triggering" offenses that were either "serious" or "violent" or involved felony violence

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