{"id":10073,"date":"2024-02-20T13:09:31","date_gmt":"2024-02-20T21:09:31","guid":{"rendered":"https:\/\/www.crimeandconsequences.blog\/?p=10073"},"modified":"2024-02-20T13:09:31","modified_gmt":"2024-02-20T21:09:31","slug":"court-rejects-ag-bontas-bid-to-release-violent-criminal","status":"publish","type":"post","link":"https:\/\/www.crimeandconsequences.blog\/?p=10073","title":{"rendered":"Court Rejects AG Bonta’s Bid to Release Violent Criminal"},"content":{"rendered":"

A violent gang member serving a prison sentence for stalking his ex-girlfriend has been denied early release by California’s Third District Court of Appeal.\u00a0 Kelly Kimble received his third felony conviction in 2008 for stalking his ex-girlfriend. He was sentenced under the state’s “Three Strikes” law to 25-years-to-life plus one year based on a prior prison term enhancement. His two prior convictions were for attempted kidnapping and making criminal threats. As reported<\/a> by the Metropolitan News Enterprise, in 2013 Kelly had petitioned for re-sentencing after state voters adopted Proposition 36,\u00a0 the “Three Strikes Reform Act.”\u00a0 That measure allowed criminals convicted of a third felony, not considered violent or serious, who had only one violent prior conviction to receive a reduced sentence at the discretion of a judge. The judge in this case explained that Kimble\u2019s prior acts \u201cinvolved physical violence\u201d that he had violated conditions of probation and conditions of parole, that he \u201ccontinues to defy authority year after year.\u201d Twice assaulting other prisoners, and maintained gang ties. In 2014 the Court of Appeal upheld the judge’s decision. Then in 2022 Governor Newsom signed SB 483, another pro-criminal release bill, into law.<\/p>\n

<\/p>\n

That bill invalidated the state’s prior prison term enhancement. Kimble again petitioned for re-sentencing claiming that the new law invalidated\u00a0 one of his prior felony convictions. The Butte County judge removed Kimble’s one year enhancement but refused to consider shortening his 25-years-to-life sentence, finding that he continued to be a “danger to public safety.” Last July the Third District Court of Appeal upheld the judge’s decision. Two weeks later, the California Attorney General changed his position from opposing the re-sentencing of Kimble, to supporting it and urged the appeals court to reconsider his petition.<\/p>\n

In its decision on February 12 the court stated:<\/p>\n

\u201cThe Attorney General did not explain the basis for his change in position, cite to any recent authority that might have triggered the sudden reversal, or point out any errors of law or fact in our opinion. After due consideration of the Attorney General\u2019s rehearing petition, it was denied on the merits.<\/p>\n

Having carefully reconsidered the matter, we again decline to accept the Attorney General\u2019s bare concession. As a general rule, we are not bound by concessions made by the People in a criminal case . . . . And here, we are not inclined to give the Attorney General\u2019s concession significant deference, as the issue before us turns on a question of statutory interpretation, such that the analysis is not invalidated simply by a change in party position.”<\/p><\/blockquote>\n

This is just one of many occasions where Attorney General Bonta, the chief law enforcement officer in California, has chosen to represent the interests of a convicted criminal against those of crime victims and the law-abiding public.<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

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 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

A violent gang member serving a prison sentence for stalking his ex-girlfriend has been denied early release by California’s Third District Court of Appeal.\u00a0 Kelly Kimble received his third felony conviction in 2008 for stalking his ex-girlfriend. He was sentenced under the state’s “Three Strikes” law to 25-years-to-life plus one year based on a prior prison term enhancement. His two prior convictions were for attempted kidnapping and making criminal threats. As reported by the Metropolitan News Enterprise, in 2013 Kelly had petitioned for re-sentencing after state voters adopted Proposition 36,\u00a0 the “Three Strikes Reform Act.”\u00a0 That measure allowed criminals convicted of a third felony, not considered violent or serious, who had only one violent prior conviction to receive a reduced sentence at the discretion of a judge. The judge in this case explained that Kimble\u2019s prior acts \u201cinvolved physical violence\u201d that he had violated conditions of probation and conditions of parole, that he \u201ccontinues to defy authority year after year.\u201d Twice assaulting other prisoners, and maintained gang ties. In 2014 the Court of Appeal upheld the judge’s decision. Then in 2022 Governor Newsom signed SB 483, another pro-criminal release bill, into law.<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"class_list":["post-10073","post","type-post","status-publish","format-standard","hentry","category-general"],"yoast_head":"\nCourt Rejects AG Bonta's Bid to Release Violent Criminal - Crime & Consequences<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.crimeandconsequences.blog\/?p=10073\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Court Rejects AG Bonta's Bid to Release Violent Criminal - Crime & Consequences\" \/>\n<meta property=\"og:description\" content=\"A violent gang member serving a prison sentence for stalking his ex-girlfriend has been denied early release by California’s Third District Court of Appeal.\u00a0 Kelly Kimble received his third felony conviction in 2008 for stalking his ex-girlfriend. 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