People v. Jurado CA2/6

FACTS

Jurado argues the 30-year-old prior conviction occurred when he was only 19 and is his only strike under the three strikes law. Since then, Jurado notes he has not been convicted of a violent crime although he admits he has "suffered numerous drug possession and under the influence charges" and was convicted once for possession of heroin for sale and on another for grand theft. Jurado said his unrelenting addiction to heroin has left him in very poor health and that he suffers from an immune disease and myasthenia gravis. These diseases leave him weak, in respiratory distress, at risk for life- threatening infections and in need of constant medical care. He argues he "should be deemed outside the spirit of the three strikes law" and claims that imposing the strike "is not in the interest of justice." In denying the motion, the trial court explained that although the prior was old, its age was not the only factor to be considered. The court acknowledged Jurado's poor health and need for care but concluded, based upon the entire record and Jurado's other numerous felony and misdemeanor drug-related convictions since the strike, that it would not be in the interests…