Paso Robles bank robber won’t get new sentence, judge rules
A man serving 55 years to life after robbing a Paso Robles bank will not get a new sentence, a San Luis Obispo Superior Court judge ruled Thursday.
Thomas Kincade, a former Bakersfield resident, was convicted in 2010 after robbing a Citibank in Paso Robles.
Kincade was found guilty of kidnapping to commit a robbery, two counts of second-degree robbery and eight counts of false imprisonment by violence. He also had a prior conviction for armed robbery.
So far, he’s served 13 years of his sentence.
In 2016, Kincade appealed the decision, saying that the evidence was insufficient to support his kidnapping for robbery conviction. The California Court of Appeals denied the appeal.
Then in 2019, Kincade filed a petition to be resentenced, after legislators updated a law allowing people serving felony sentences to petition for an adjustment if they suffered trauma as a result of military service.
The update expanded the law to include those sentenced prior to 2018.
In its motion to dismiss the petition — filed in May 2019 — the San Luis Obispo County District Attorney’s Office argued the change to the law only applied to a small portion of Kincade’s 2010 sentencing, and that Kincade failed to establish that he suffers from a mental health problem related to his military service.
On Thursday, San Luis Obispo Superior Court Judge Timothy S. Covello found that Kincade’s petition for resentencing held no legal merit.
“This case had a final judgment a decade and a half ago,” Covello said.
Kincade is currently serving out his sentence at Correctional Training Facility in Soledad.
This story was originally published June 8, 2023 at 5:17 PM.
