In re Kakowski CA2/5

I. BACKGROUND

Petitioner Brian Kakowski is currently serving a 40 year to life term in prison for multiple violent and nonviolent felony convictions, including second degree robbery (Pen. Code, § 212.5, subd. (c)),1 second degree burglary (§ 459), use of another’s identifying information (§ 530.6, subd. (a)), and making criminal threats (§ 422). On July 12, 2020, petitioner filed a petition in the superior court contending he was entitled to early parole consideration under the Public Safety and Rehabilitation Act of 2016 (Proposition 57). Proposition 57 added section 32, subdivision (a) to Article I of California’s Constitution. Subdivision (a)(1) reads: “Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term of his or her primary offense.” The trial court denied petitioner’s request for relief, finding he was not entitled to early parole consideration because “he was convicted of second degree robbery in his controlling case . . . and all robberies are violent felonies.” After the superior court denied relief, petitioner filed a petition for habeas corpus in this court…