Jul. 14, 2023 – People v. Kimble (3rd Dist., C097389)

In 2008, defendant was convicted of stalking and, based on the law at the time, sentenced as a third-strike offender to 25 years to life, plus a one-year prior-prison-term enhancement (PC 667.5(b)). In 2013, defendant’s Prop 36 resentencing petition was denied on public safety grounds. The Court of Appeal rejects defendant’s argument that, at his 2022 resentencing under SB 483 and PC 1172.75, the trial court was required to resentence him as a second-strike offender since stalking is not a serious or violent felony. The court reasons that SB 483 does not allow a defendant to bypass the Prop 36 resentencing mechanism.