I never understand these crazy ideas of using some techicality to put someone away instead of putting them in jail for actual, violent crimes if they committed them.
These are habitual criminals. As someone else said, I'd be in favor of putting them away for spitting on the sidewalk.
Did you read this Ewing guy's rap sheet?
"Three-strikes-and-you're-out" is not going to snare some little old lady swiping a Walnetto.