P. v. Riley
A jury found defendant Donald Wayne Riley guilty of petty theft with a theft-related prior conviction and assault with a deadly weapon by means of force likely to produce great bodily injury. It was found that defendant had two strikes and had served two prior prison terms. The court sentenced him to two consecutive 25-year-to-life terms. On appeal, defendant raises the following nine contentions: (1) trial counsel was ineffective for failing to request a bifurcated trial on the strikes; (2) the trial court misinstructed on the burden of proof required for conviction; (3) his conviction for petty theft with a prior must be reversed; (4) his strike for child endangerment with personal use of a dangerous or deadly weapon could not to be used to enhance his sentence; (5) trial counsel was ineffective for fail[ing] to assert a legal objection to the incompleteness of proof and the resultant defective jury verdicts; (6) trial counsel was ineffective for failing to object to the imposition of consecutive sentences; (7) the trial court abused its discretion in imposing consecutive sentences; (8) the trial court abused its discretion in refusing to dismiss one or both of his strikes pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497; and (9) his sentence violate[s] the Eight[h] amendment and [federal] due process prohibition against punishing a persons status. Rejecting these contentions, Court affirm the judgment.
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