People v. Kilborn

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 is reversed (that is, a felon who committed a felony not classified as serious or violent, followed by one that is). That person does not receive a doubled principal…