The Punishment Should Fit The Nut

A Texas prosecutor is defending his aggressive handling of the case against a man who was sentenced to 16 years in prison for stealing a candy car.

Smith County District Attorney Jack Skeen tells The Dallas Morning News he bumped the theft charge against Kenneth Payne to a felony because of his 10-year record of 10 convictions — including theft, assault and possession of drugs.

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Payne’s attorney is promising to appeal the sentence. University of Texas law professor Robert Dawson says prosecution of the 29-year-old Payne as a habitual criminal seems harsh. He notes that it costs $14,000 a year to keep an inmate in prison in Texas, and over 16 years “that probably comes out to about $800 a peanut. That seems a little high.”

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