Martin

In this case we conclude that a defendant who has suffered a previous conviction for a serious or violent felony and who is convicted of two current felonies must be sentenced consecutively for the current felonies, and that the sentence for each determinate term must be doubled.

Factual and Procedural Summary

This case arises under the “Three Strikes” statute, chapter 12 of the Statutes of 1994. The statute was adopted as an urgency measure, effective March 7, 1994. It makes major changes to Penal Code section 667, adding subdivisions (b) through (i) relating to increased punishment for recidivists who suffered one or more previous convictions for a serious or violent felony. A “serious felony” is one that is so defined in section 1192.7, subdivision (c); a “violent felony” is a crime defined as such in section 667.5, subdivision (c). (See § 667, subd. (d)(1).)

The respondent, James Norman Martin, was charged with two counts of petty theft with a prior conviction for the same offense. The prior conviction was a basis to elevate the current crimes to felonies. (§ 666.) Count 1 alleged a shoplifting offense on March 23, 1994, at a J. C. Penney store. Count 2 alleged…