SUPREME COURT REFUSES TO HEAR 3-STRIKES CASE

But Concerns Voiced At Law That Jailed Man For Stealing Vitamins

The U.S. Supreme Court left California's three-strikes law intact yesterday,
refusing to hear the appeal of a man sentenced to 25 years to life for
stealing a bottle of vitamins from a grocery store.

Yesterday's action marked the first time the high court has addressed
whether the repeat offender law, the most widely enforced in the nation,
amounts to cruel and unusual punishment under the Constitution.

Although the court voted not to take up the case, four justices expressed
concerns about the way California enforces the tough sentencing law.

Michael Riggs, 47, was convicted in 1995 of stealing a bottle of vitamins
from an Albertson's Store in Riverside County. He had a long criminal record
dating to 1971 that included 13 felony convictions for robbery, attempted
burglary and drug offenses.

Under the three-strikes law, a defendant who has two prior convictions for a
serious or violent felony can receive 25 years to life if convicted of any
third felony -- or "strike." CALIFORNIA APPEAL REJECTED

A state appeals court rejected Riggs' appeal but acknowledged that his
offense was a "petty theft motivated by homelessness and hunger."

The California Supreme Court in February refused to hear the case.

Riggs handled his appeal to the Supreme Court without a lawyer, drafting it
at Corcoran State Prison, where he is incarcerated.

In yesterday's action, only Justice Stephen Breyer voted to hear Riggs'
arguments. Four votes on the nine-member court are required to take up a
case. However, three other justices issued a brief opinion, suggesting that
they would take up the issue sometime in the future. FUTURE CONSIDERATION
POSSIBLE

The three justices noted that if this were Riggs' first offense, his petty
theft would be a misdemeanor, carrying a punishment of a fine or no more
than six months in jail.

But California law provides that a petty theft can be bumped up to a felony
if the defendant has a prior conviction for robbery, burglary or other
felony theft.

Riggs argued that his sentence is so "grossly disproportionate" to his crime
that it violates the prohibition against cruel and unusual punishment.

In an opinion for the three justices, Justice John Paul Stevens said Riggs
raised a "substantial question" about the three-strikes law, "particularly
since California appears to be the only state in which a misdemeanor could
receive such a severe sentence."

However, Stevens said the high court should not take up this issue now
because neither the California Supreme Court nor any federal court has
addressed the issue before.

Justices David Souter and Ruth Bader Ginsburg joined in Stevens' opinion.
3-STRIKES BROADLY ENFORCED

While numerous other states have laws penalizing repeat offenders,
California's three-strikes law is the most broadly enforced.

Since its passage in 1994, 43,939 felons have been sentenced under the law,
including 4,884 who have received sentences of at least 25 years to life in
prison.

Nearly every felon convicted under the law has argued that the sentencing
law amounts to cruel and unusual punishment. Trial judges have ruled
narrowly on the issue, finding that it is not unconstitutional in an
individual case.

The high court's refusal to consider the issue for now was discouraging news
for repeat felons.

"They've closed the door for the time being on that argument," said San
Francisco Public Defender Jeff Brown.

Deputy Attorney General Craig Nelson of San Diego, the state prosecutor in
Riggs' case, said the four justices had misinterpreted the law by calling
Riggs' theft a misdemeanor.

"In California, it's a felony," he said. "When you look at this guy's
record, I don't think it's that egregious of a sentence," he said, noting
that five justices agreed with that conclusion.

The sentencing law has withstood numerous challenges in state court.
However, a 1996 decision by the state Supreme Court gave judges the
discretion to reduce sentences by tossing out prior three-strikes
convictions.