Kilborn

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 term. Appellant argues this is a violation of his due process and equal protection rights. He also argues the three strikes law violates the constitutional principle of separation of powers by curtailing prosecutorial discretion. We find no constitutional infirmity on either of the grounds asserted, and affirm the conviction.

Factual and Procedural Background

Appellant entered a guilty plea to the present felony, and no issue is presented with respect to the antecedent facts of that crime. It is sufficient for the purposes of this opinion to note that he was charged and convicted of a violation of Health and…