Sipe

People v. Sipe

Bad Law
1995 Cal. App. LEXIS 610·36 Cal. App. 4th 468·42 Cal. Rptr. 2d 266·95 Daily Journal DAR 8712·95 Cal. Daily Op. Serv. 5184
Court of Appeal of CaliforniaJune 30, 1995C018599California6,508 words

Opinion

Opinion

Morrison, J.

This case arises under the so-called “three strikes” legislation (Pen. Code, § 667, subds. (b)-(i); Stats. 1994, ch. 12, §§1-2). In late 1993 defendant entered a plea of guilty to one count of residential burglary (Pen. Code, § 459; all further statutory references are to the Penal Code unless otherwise specified), a serious felony under section 1192.7, subdivision (c)(18). He was granted probation, with time in jail. Less than one month after the Legislature enacted the “three strikes” law, defendant walked away from an honor farm where he was serving his time. He was originally charged only with escape while charged with a felony (§ 4532, subd. (b)), but the complaint was amended to allege a prior felony conviction under new section 667, subdivision (d), enacted in 1994 and effective March 7, 1994, as an urgency measure. (Stats. 1994, ch. 12, §2.) Defendant pleaded guilty to escape and admitted the prior conviction. He was sentenced under section 667, subdivision (e)(1) to twice the midterm or four years in prison. Defendant obtained a certificate of probable cause and appeals. We affirm.

We reject defendant’s various challenges to the “three strikes” law. We find the…

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