P. v. Mancillas
A jury convicted defendant of possession of heroin (count 1Health & Saf. Code, 11350, subd. (a)), transportation of heroin (count 2Health & Saf. Code, 11352, subd. (a)), giving a false name to a police officer (count 3Pen. Code, 148.9, subd. (a)), driving under the influence of drugs (count 4Veh. Code, 23152, subd. (a)), being under the influence of a controlled substance (count 5Health & Saf. Code, 11550, subd. (a)), and driving without a valid drivers license (count 6Veh. Code, 12500, subd. (a)). After a bench trial on several prior conviction allegations, the court found that defendant had suffered two prior strike convictions and one prior prison term. (Pen. Code, 667.5, subd. (b), 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A).) The court denied defendants Romero[1]motion to strike one of the prior strike convictions and sentenced defendant to 25 years to life.[2] On appeal, defendant contends the court abused its discretion in refusing to strike one of defendants prior strike convictions and that defendants sentence is violative of the federal and state constitutional proscriptions against cruel and unusual punishment. Court find the trial court acted well within its discretion in denying defendants motion and that defendants sentence is not constitutionally forbidden. Court, therefore, affirm the judgment below.
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