In re Kemp 1/27/11 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C064821

Case Date: 04/13/2011

Preview:Filed 1/27/11

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re RANDY KEMP, on Habeas Corpus.

C064821 (Super. Ct. Nos. 09F06912, 10F01017)

ORIGINAL PROCEEDING.

Petition granted.

Elizabeth Campbell, under appointment by the Court of Appeal, for Petitioner Randy Kemp. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans and Robert Gezi, Deputy Attorneys General, for Respondent.

INTRODUCTION In this petition for a writ of habeas corpus filed by Randy Kemp (petitioner), we conclude that irrespective of the date a prisoners judgment became final, federal and state constitutional principles of equal protection require that the

1

amendments to Penal Code section 40191 provided by Senate Bill No. 3X 18 (2009-2010 3d Ex. Sess.) (Senate Bill No. 3X 18) (see Stats. 2009, ch. 28,

Download In re Kemp 1/27/11 CA3.pdf