445 U.S. at 274 n.11 (acknowledging that a proportionality analysis would be relevant to a hypothetical statute making overtime parking punishable by life imprisonment).

Of course, Andrade was sentenced as a recidivist, and the gravity of his offense cannot be assessed independently of his previous criminal conduct. According to the State, Andrade's criminal record warrants the enhanced punishment and therefore justifies its severity. Not all enhanced sentences imposed on repeat offenders are constitutional, however, as demonstrated by the Solem Court's decision to vacate the life sentence of a seven-time felony recidivist.

California's Three Strikes law imposes a 25-year-to-life sentence on defendants previously convicted of two or more "serious" or "violent" felonies. Cal. Penal Code �� 667(e)(2)(A), 1170.12(c)(2)(A). Andrade's predicate "serious" felonies were three counts of residential burglary adjudicated in a single proceeding more than a decade earlier. This contrasts with the defendant in Rummel, who served time in prison for his first felony before being convicted and serving time for his second felony -- a fact the Court found significant. Rummel, 445 U.S. at 278.

As noted above, Andrade has additional offenses on his record. His prior misdemeanor petty theft from 1990 permitted his present petty theft convictions to be charged as felonies and thus to qualify as third and fourth strikes.20 Although Andrade also has two federal convictions for transporting marijuana, they were not counted as strikes and there is no record that the court considered them when sentencing Andrade. Arguably, the federal convictions therefore should not affect our analysis as they did not affect the imposition of Andrade's 50-year-to-life sentence.

²⁰Andrade also has the misdemeanor theft conviction from 1982, for which he served six days in jail and received twelve months of probation.

15283