By Kelly Moran
SACRAMENTO– Repeat burglar Brian Eugene Kakowski received 15 years off his sentence after Judge Helena Gweon here in Sacramento County Superior Court Wednesday ruled to strike three of his five-year enhancements—and he was not even present for the news.
But he had good defense counsel.
Kakowski waived his right to attend his hearing and had his defense attorney, Assistant Public Defender Guy Danilowitz, appear for him via Zoom.
In a letter addressed to the court, Kakowski wrote that “if this court wishes to modify my sentence, they can do so without my presence. I ask that a copy of any modification be sent to me, is all, if 
any are made.”
Although the defendant is currently serving a life sentence at Richard J. Donovan Correctional Facility in San Diego, he is 47 years old and will be eligible for elderly parole as soon as he has served 25 years and has surpassed the age of 60.
Kakowski originally faced trial in January 2018, and was given three five-year enhancements because of three prior felony convictions, all for armed robberies. Just a few months later, Senate Bill 1393 was passed by then governor of California, Jerry Brown, which allowed judges to dismiss the five-year enhancement for prior felony convictions at the court’s discretion.
Scott Schweibish, on behalf of the District Attorney, objected to the striking of the enhancements, urging Judge Gweon to refuse the defense’s request and preserve the lengthy sentence given to the defendant.
“He was subsequently convicted in Southern California of multiple violent offenses after committing the robbery in this case,” said Schweibish, “so it is very clear that Mr. Kakowski, in no way, had lived any life free of criminal activity and conduct between his prior offenses and this current offense, and then continued to commit additional offenses.”
Danilowitz claimed that he was unaware of the details of Kakowski’s previous robbery charges, even though Schweibish maintained that all information on Kakowski and his previous charges was provided to the defense.
Even so, Danilowitz continued to argue his case.
“First of all, Mr. Kakowski, under the sentence that he received just from this court, is going to be incarcerated long after he is a threat, any sort of threat, to public safety,” said Danilowitz.
Ultimately, Gweon decided to strike the enhancements from Kakowski’s sentence, explaining “that the defendant is 47 years old, and he has engaged in rehabilitative classes and programs while incarcerated, and most significantly, because he is serving an indeterminate term of 25 years to life.”
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