Legal Opinion

Leandro Andrade v. Attorney General of the State of California Ernest B. Roe, Warden

Court of Appeals for the Ninth Circuit

Decided November 2, 2001No. 99-55691PublishedCited by 46 opinions

1Opinion of the Court

Opinion by Judge PAEZ; Concurring and Dissenting Opinion by Judge SNEED

PAEZ, Circuit Judge:

Appellant Leandro Andrade was convicted in the Superior Court of California of two counts of petty theft for shoplifting a total of nine videotapes from two K-Mart stores. California generally treats such offenses as misdemeanors, each punishable by up to six months in county jail and up to a $1,000 fíne. However, because An-drade had been convicted of several prior offenses — all non-violent — his petty thefts were first enhanced to felonies under California Penal Code § 666, and then enhanced again to…

2Cases cited55 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Houston v. LackSupreme Court of the United States · 1988
  3. Solem v. HelmSupreme Court of the United States · 1983
  4. Harmelin v. MichiganSupreme Court of the United States · 1991
  5. McCleskey v. ZantSupreme Court of the United States · 1991

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3Cited by46 opinions

  1. Lockyer v. AndradeSupreme Court of the United States · 2003
  2. Joe Hernandez, III v. Larry Small, WardenCourt of Appeals for the Ninth Circuit · 2002
  3. Isaac Ramirez v. R.A. Castro, WardenCourt of Appeals for the Ninth Circuit · 2004
  4. Close v. PeopleSupreme Court of Colorado · 2002
  5. In re ColeyCalifornia Supreme Court · 2012

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