California Court of Appeal

Defendant's request for habeas relief from his conviction for failing to update his sex offender registration within five days of his birthday, and a sentence of 25 years to life pursuant to the Three Strikes law, the petition is denied where: 1) as in Ewing, defendant's sentence is justified by the State's public safety interest in incapacitating and deterring recidivist felons, and amply supported by his own long, serious, criminal record; 2) this is not the "extreme" case necessary to justify a finding that noncapital punishment violates the Eighth Amendment; and 3) in disagreement with the holding in People v. Carmony, 127 Cal.App.4th 1066 (2005), defendant's sentence does not violate the Eighth Amendment.

Appellate Information

• Decided 08/04/2010
• Published 08/04/2010

Judges

• KUMAR

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Nancy L. Tetreault, Edmund G. Brown, Jr.