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IN RE KEMP

No. C064821.

192 Cal.App.4th 252 (2011)

In re RANDY KEMP on Habeas Corpus.

Court of Appeals of California, Third District.

January 27, 2011.

Attorney(s) appearing for the Case

Elizabeth Campbell , under appointment by the Court of Appeal, for Petitioner Randy Kemp.

Edmund G. Brown, Jr. , Attorney General, Michael P. Farrell , Assistant Attorney General, Julie A. Hokans and Robert Gezi , Deputy Attorneys General, for Respondent State of California.

OPINION

RAYE, P. J.—

INTRODUCTION

In this petition for a writ of habeas corpus filed by Randy Kemp (petitioner), we conclude that irrespective of the date a prisoner's judgment became final, federal and state constitutional principles of equal protection require that the amendments to Penal Code section 40191 provided by Senate Bill No. 3X 18 (2009-2010 3d Ex. Sess.) (Senate Bill No. 3X 18) (see...

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