P. v. Rippey















Filed 8/12/10 P. v.
Rippey CA3













NOT
TO BE PUBLISHED



California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.







IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE
DISTRICT

(Shasta)

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>

THE PEOPLE, Plaintiff and Respondent, v. SCOTT JOSEPH RIPPEY, Defendant and Appellant.

C062515 (Super. Ct. No. 08F7796)

Sentenced to a
three strikes term of 28 years to life for transporting methamphetamine,
defendant Scott Joseph Rippey appeals, claiming that the trial court abused its discretion in
refusing to strike one or more of his prior strike convictions and that his
sentence violates the Eighth Amendment
prohibition against cruel and unusual
punishment. Finding neither of his
claims has merit, we affirm.

FACTUAL
AND PROCEDURAL BACKGROUND

In August 2008, a Shasta
County deputy sheriff stopped defendant's truck because defendant, three
weeks discharged from parole, was not wearing a seat belt and the truck's
license plate was obstructed. Defendant
told the deputy that his driver's license had been suspended or revoked for
over 14 years because of prior convictions for driving under the
influence.

During a search of
the truck, the deputy found two â€