3-Strike Stories: David Gularte

Hello, my name is David Gularte.

I am currently serving a 25 to life sentence in prison for a non-serious felony under the Calif three strikes law. I pled guilty to possession of a small amount of heroin. My public defender advised me to do so. I thought I was doing the right thing as my plea was made after the (Romero dissession) giving judges discretion to strike prior convictions. The outcome has turned into a nightmare. The judge refused to strike any of the two prior felonies one 20 the other 10 years ago. They were both Robbery convictions. These crimes were both of a non-violent nature with no threats or violence, and no weapons were used and with the dollar amount less than 50.00. When looking at my criminal history it fails to show any acts of violence what so ever. What it does show is a 44 year old man who has battled with a drug addiction for a good part of his life who hasn't committed a serious crime for 10 years. I suffer greatly from this outcome as my family must suffer right along with me. We are all so overwhelmed with this and its something you just can't except. How can we when we know its so very wrong. I'm at an age now where the drugs have lost there appeal and I feel ready to start living a real life and now this!!


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Date last modified: 1/7/97.