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PEOPLE v. CARMONY

No. C038802.

26 Cal.Rptr.3d 365 (2005)

127 Cal.App.4th 1066

The PEOPLE, Plaintiff and Appellant, v. Keith Ishmeal CARMONY, Defendant and Respondent.

Court of Appeals of California, Third District.

Review Denied June 29, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Janet E. Neeley, Stephen G. Herndon, Michael P. Farrell, Patrick J. Whalen, and Daniel Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Appellant.

Victor S. Haltom, under appointment by the Court of Appeal, Sacramento, for Defendant and Respondent.

Jack Funk, Assistant State Public Defender, and Michael Vitiello, for California Public Defenders Association as Amici Curiae on behalf of Defendant and Respondent.

Certified for Partial Publication.*

BLEASE, Acting P.J.

This case raises the question whether there is an offense so minor that it cannot trigger the imposition of a recidivist penalty without violating the cruel and/or unusual punishment prohibitions of the United States and California Constitutions.

Although defendant had registered his correct address as a sex offender...

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