PEOPLE v. KILBORN

Docket No. B094396.

41 Cal.App.4th 1325 (1996)

49 Cal. Rptr.2d 152

THE PEOPLE, Plaintiff and Respondent, v. JAMES KILBORN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

January 19, 1996.


Attorney(s) appearing for the Case

COUNSEL

Joseph B. de Illy, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Kenneth C. Byrne, Sanjay T. Kumar and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

EPSTEIN, Acting P.J.

James Kilborn, the appellant, attacks the three strikes sentencing law because it allows a recidivist felon whose previous crime was a serious or violent felony but who is now convicted of a less heinous felony, to be sentenced to double the principal term he or she otherwise would have received. The system is irrational, he argues, when compared to a sentence imposed on a felon whose sequence of crime...

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