what i'd like to focus on is a question by judge fletcher in terms of the policies of the california three strikes you said that it seems to be very unwise i would certainly agree but that we haven't for the courts analysis in the first deputy attorney general suggested no that's a matter beyond this court this court can't look at policy issues can't look at that sort of thing i would i would disagree in the case last year the landmark case the united states out versus simmons the high court declared unconstitutional the death penalty against juveniles and it's implement the eighth amendment framework the court long ago quote  and the necessity of referring to and then there's internal quotes evolving standards of decency that mark the progress of maturing society to determine which punishments are so disproportionate has to be cruel and written and supported by steve cooley who is the district attorney of the most populous county in california in the country that would require the third strike also to be a serious or violent felony and an almost identical note that a large majority of the california populace was supporting the proposition i think that is the standard that the court should look to fighting well before the honorable governor of this state inmates would be released which the superior court judge in sacramento prohibited the opponents of the ballot measure from putting on the ballot pamphlet because it was not accurate that was the number of second strikers not the number of third strikers w resigns it was only fourteen hundred or less people who would have been reset and have that initiative passed so i think that it was clearly the result of both feel mongering and the defeat of that proposition does not indicate castellanos was arrested and patted down put in the police car and then turned to the policeman and said i think i think you should know this i've got a gun i'd like to point out to the court emphasised why mr caspian should be given relief this was his first time in prison on the current strike he went to california abnormal and i would point the court to the declaration of mr dishonest who said i really don't know i only got to through two to three days but when i went back to court one of the officers there asked me to participate in some undercover operation i agreed it was all worked out my lawyer did it i don't know so and in romell which in this court the court of appeals relied solely on the the person repeatedly and he's been given these opportunities and he's been giving this punishment he knows what he's in for and that makes that that makes a constitutional under the eighth amendment for the third strike to be a life sentence in there with possibly parole after seven years here of course there is no parole even possibility until twenty five years and the person must serve the absolute minimum there is no good time credit for three striker and under california law he serves the absolute minimum of twenty five months only the possibility that he'll get karole and because the three strikes law is so relatively new we don't know what the possibilities for good morning me please the court my favorite the attorney general to office representing respondent appellee in this matter first i just want to address some of the issues raised with respect to the criminal history the  shooting into a violent and other firearms violation now there's no indication that he was actually convicted but you had three bench warrants out for his arrest at the time of the current offense and when he went to arrest him with respect to the two prior strikes they were not a single proceeding they were sentenced at the same time but they were two different case numbers and they were two different incidents and with respect t all the current strike is a felony conviction a conviction for felon in possession of the firearm which is something that is a threat to society in there is a basis for the two strikes both involve the use of a firearm with people near yes he didn't hit anyone certainly involved the threat of violence there's no question so i think this case is clearly much