Two Strikes, And…Judge Explains Consequences of Defendant’s Burglary Crimes


By Zoey Hou

SACRAMENTO, CA– In Sacramento County Superior Court Judge Patrick Marlette’s department Tuesday, he explained the hefty price the defendant would have to pay for her double strike counts – four years.

The assistant public defender for the defendant began the case with an opening statement that expressed the desire to resolve Anita Drew’s case immediately, asking Count 1 of the defendant’s crimes be a “low term doubled up for four years.”

After Drew pleaded to Second Degree Burglary, that was her sentence.

Judge Marlette explained, “Ms. Drew, the punishment for robbery is two, three, or four years in custody. [In your case], a strike can double that up. So your maximum term to serve in prison under these two counts can be 10 years.”

A strike “requires a defendant convicted of any new felony, having suffered one prior conviction of a serious felony, to be sentenced to state prison for twice the term otherwise provided by the crime.”

Because Anita Drew had two previous offenses, both relating to burglary and theft from stores, she would be subjected to more time in prison.

Marlette continued to explain that “Instead of that, in each case you will be ordered to serve the low term of two years, but doubled up with a strike will make that four years on each count. Both of them [counts] run concurrently with each other and in addition you’ll be ordered to pay restitution.”

The judge helped the defendant understand that because she was charged with two counts, on top of two other existing strikes, they can be charged simultaneously.

Marlette continued to ask the public defender if he had discussed with his client the Harvey Waiver, which is an agreement by a defendant that says any counts dismissed as part of a plea agreement could still be used to sentence someone.

This statute is mostly used to ensure that a victim gets restitution, or monetary compensation, for their losses.

The defendant agreed, and the judge proceeded to ask Deputy District Attorney Heather Phillips to report the factual basis to the court.

The DDA stated that “On Oct. 12, 2020 in the county of Sacramento, the defendant Anita Drew walked into the Fallas Discount Store. She collected clothing items and carried them out of the store over her shoulder.”

In the defendant’s attempt to steal merchandise, the victim, who was a Fallas employee, confronted her. Drew not only pushed up against the victim’s body, but even began fighting to take the goods.

Anita Drew’s second strike conviction was from Dec. 21, 2015 which was a conviction for first degree residential burglary. This statute defines burglary as “the act of entering a building with the intent to steal something, or commit another felony.”

On this date, the defendant entered the 99 Cent Store in the county of Sacramento where she selected merchandise and again, attempted to leave the store without paying.

An employee of the 99 Cent Store attempted to stop her, but was pushed by the defendant and sustained minor injuries to the shoulder.

DDA Philips commented, “This, too, is a strike offense and she has the same prior strike conviction, making her eligible for a two strike sentence.”

Judge Marlette ordered that Drew will not be eligible for probation due to her prior strike convictions and instructed her to pay restitution to both the stores and victims. He detailed that restitution fines can be between $300 and $10,000 dollars.

Before closing the case, defendant Drew asked if she could be expedited from the county since she has been having medical issues. “I’ve been here eight months and haven’t gotten treatment, sir.”

To which Marlette answered with a sigh, “I’m sorry but the only thing I can do is remand you the custody sheriff. It’s up to him to make arrangements for your transportation.”

He could only agree to make a request for the defendant to be transferred to the state prison as soon as possible.


About The Author

Zoey Hou is a bay area native pursuing English and International Relations at UC Davis. She strongly advocates for criminal justice transparency and institutional change.

Related posts

Leave a Reply

X Close

Newsletter Sign-Up

X Close

Monthly Subscriber Sign-Up

Enter the maximum amount you want to pay each month
Sign up for