On November 4, 1995, Leandro Andrade walked into a Southern California Kmart. Andrade — who had several past criminal convictions — was about to commit a crime that would lead to a prison sentence of twenty-five years to life. Two weeks later, still a free man, Andrade struck again. This time, the target was a Kmart just three miles to the west of his previous crime. His plan was identical and would result in another sentence of twenty-five years to life. In two weeks, Andrade had attempted to steal nine VHS tapes: The Fox and the Hound, The Pebble and the Penguin, Snow White, Casper, Batman Forever, Free Willy 2, Little Women, The Santa Clause, and Cinderella. The total cost of the movies was $153.54. The actual cost to Andrade was fifty years to life.

Two years earlier, Andrade's actions would not have been noteworthy. At both Kmarts he was caught in the act by a store security guard — the videos never left the store. Considering his criminal record, in 1993 Andrade would have faced a maximum possible sentence of three years and eight months. More likely, the punishment would have been less. However, under California's 1994 Three Strikes law, two counts of petty theft with a prior carried consecutive sentences of twenty-five years to life. The Three Strikes law, which had been overwhelmingly endorsed by 72 percent of California voters, increased the maximum sentence from under four years to an indeterminate life sentence with no possibility of parole for fifty years.

Gary Ewing also found the high cost of shoplifting with a prior in California. Ewing walked out of a golf pro shop with three clubs concealed in his pants. The “limp” these clubs caused was a clear giveaway. Like Andrade, Ewing was caught in the act. Also like Andrade, Ewing faced California's Three Strikes law. Because this was his third strike, the punishment for stealing three golf clubs was a life sentence with no possibility of parole for twenty-five years.

Although these are extreme examples of the punitive nature of California's Three Strikes law, they are not without comparison. In 2010, 32,392 individuals were imprisoned in California with their second strike.