P. v. Smart
In October 2003, a jury found Alvin Smart guilty of three counts of indecent exposure (Pen. Code, 314.1[1]) and one count of falsely identifying himself ( 148.9, subd. (a)). In January 2006, a second jury determined that Smart was sane in December 1996 and October 1997 when he committed the charged offenses. Smart was sentenced to a Three Strikes sentence of 75 years to life in state prison. On appeal, Smart seeks reversal of the judgment on a variety of grounds including the erroneous denial of several motions, insufficiency of the evidence, instructional error, failure to properly respond to a jury question and ineffective assistance of counsel. Smart also contends that his sentence constitutes cruel and unusual punishment. In a petition for writ of habeas corpus, which we consider along with this appeal, Smart seeks reversal of the judgment on the ground of judicial bias. Court deny the writ petition and affirm the judgment and sentence.
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