Calif. Appeals Ct. Overturns Sentence for Failure of Sex Offender to Register
25 years to life is too long a sentence to impose on a sex offender who failed to register, a California appeals court ruled yesterday. The court termed the failure a "technical violation."
On Monday, Coleman Blease and Rick Sims overturned a 26-years-to-life sentence for Keith Carmony, calling it a violation of the state and federal prohibitions against cruel and unusual punishment. The defendant's failure to register, they held, was "completely harmless and no worse than a breach of an overtime parking ordinance."
"If the constitutional prohibition is to have a meaningful application," Blease wrote, "it must prohibit the imposition of a recidivist penalty based on an offense that is no more than a harmless technical violation of a regulatory law."
Now if they'd only apply that cruel and unusual punishment reasoning to three-strikes sentences, we'd be making progress.
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