California v. Kimble
Annotate this CaseIn November 2008, a California trial court sentenced defendant Kelly Kimble to 25 years to life under the former Three Strikes law, plus an additional year for a prior prison term enhancement. In October 2022, defendant appeared for resentencing pursuant to Senate Bill No. 483 (2021-2022 Reg. Sess., codified as Penal Code section 1172.75). At the hearing, the trial court struck defendant’s prior prison term enhancement, but otherwise left his sentence intact. Defendant appealed, arguing the trial court erred in resentencing him under Senate Bill 483 without applying the revised penalty provisions of the Three Strikes Reform Act of 2012 (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012)). To this the Court of Appeal disagreed and affirmed the sentence.
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