In Durden v. California (2001) U.S. 148 L. Ed. 2d 1027, 121 S. Ct. 1183, Justice Souter, writing in dissent, noted the opinion in Riggs questioning the constitutionality of the Three Strikes law when applied to such offenses, had been filed two years previously and there currently are 319 prisoners serving third strike terms for petty theft in California. Justice Souter wrote: "On these facts, I would wait no longer. The issue is serious, the state courts have had adequate opportunity to consider it, and the stakes are substantial." (Durden, supra.) Justice Breyer joined in the opinion. (See also the concurring opinion of Justice Mosk in People v. Deloza (1998) 18 Cal.4th 585, 957 P.2d 945, which observed a sentence of 111 years to life in state prison, the maximum term faced by the defendant upon remand, "is impossible for a human being to serve, and therefore, constitutes . . . cruel and unusual punishment." ( Id. at pp. 600-601.)