P. v. Rodewald
Defendant John Rodewald was convicted by guilty plea of possession of cocaine (Health & Saf. Code, 11350, subd. (a)) and misdemeanor being under the influence of cocaine (Health & Saf. Code, 11550, subd. (a)). He also admitted having two prior strikes (Pen. Code, 667, subds. (b)-(i), 1170.12),[1] and having served two prior prison terms ( 667.5, subd. (b)). After the trial court denied defendants Romero motion,[2] it sentenced defendant to state prison for the indeterminate term of 25 years to life.
On appeal, defendant contends that the trial court denied him due process when it based its Romero motion decision on unreliable hearsay. Defendant further contends that his sentence constitutes cruel and unusual punishment. Court disagree with defendants contentions and, therefore, will affirm the judgment.
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