Cargill
People v. Cargill
Opinion
Opinion
Huffman, J.
This case illustrates the wisdom of the commonly-used phrase, “Timing is everything in life.” In this instance, appellant Bartholemew Cargill was arrested in the possession of cocaine base about 10:15 p.m. on March 7, 1994. That rather uneventful statistical fact becomes more important in light of the action at 2:45 p.m. on the same day in Sacramento when the Governor signed and filed with the Secretary of State the new “three strikes” law. At the time of his current offense, Cargill had suffered at least one qualifying prior serious felony conviction within the meaning of Penal Code section 667, subdivisions (d) and (e).
Cargill appeals his sentence, raising, among other contentions, the urgency measure signed by the Governor on March 7, 1994, was not “immediately” effective until at least March 8, 1994. We will reject all of Cargill’s contentions and affirm the judgment in its entirety.
Facts and Procedural Background
About 10:15 p.m. on March 7, 1994, Cargill was stopped for driving erratically and without headlights. As a result of the arrest that followed, police recovered 8.4 grams of rock cocaine and found Cargill under the influence of drugs.