In re Brown CA4/1

FACTS

A. The Offense

In 1993, Brown became enraged at his then ex-girlfriend, Mia, when he found

evidence she had been talking on the phone with another man. When she tried to leave,

he pushed her to the floor and began kicking her all over, including her abdomen, even

though she was eight and one-half months pregnant. When Mia tried to reach for the

phone, he snatched it away and kicked her again in the stomach and other parts of her

body. During the attack, Brown cursed at her, stating "[t]his is what you get" and also

exclaimed "[f]uck that baby. I don't care if you need to go to the bathroom. After I finish

kicking your ass, you're going to be going to the bathroom on yourself." He eventually

allowed her to leave, but the fetus died as a result of the attack.

B. Brown's Criminal Background

Prior to the offense in question, Brown had an extensive criminal history and his

performance on probation and parole was unsatisfactory.

2 C. Brown's Performance in CYA and Prison

Brown was convicted in 1994. In prison, he received three "CDC 128A's" and

four "CDC 115's,"1 the last occurring in 2005, none of which involved violence. He…