People v. Kimble
Annotate this CaseIn this case, the defendant, Kelly Vaughn Kimble, who was sentenced to 25 years to life under the former Three Strikes law, plus an additional year for a prior prison term enhancement, sought resentencing under Senate Bill No. 483. He argued that 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. He further contended that he was entitled to application of the Reform Act’s revised penalties at his resentencing. However, the Court of Appeal of the State of California Third Appellate District disagreed. The court held that the Reform Act created a specific resentencing process for offenders sentenced under the former Three Strikes law, which requires consideration of various factors, such as the offender's criminal history, disciplinary record, and other relevant information. The court further noted that the Reform Act provided the only path for relief under the Reform Act for defendants who had already been sentenced. Thus, the court ruled that the defendant was not entitled to automatic resentencing under the Reform Act as part of his resentencing under Senate Bill 483. The court, therefore, affirmed the judgment of the trial court.
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