P. v. Summers
Defendant Eugene E. Summers pleaded guilty to a robbery in violation of Penal Code section 211.[1] He also admitted two serious felony prior convictions within the meaning of sections 667, subdivision (a)(1), 668, and 1192.7, subdivision (c), and two felony "strike" convictions within the meaning of sections 667, subdivisions (b) through (i), 668, and 1170.12. At sentencing, the trial court denied Summers's Romero[2]motion to dismiss/strike one or both of his prior felony convictions under section 1385, and sentenced him under the "Three Strikes" law to 35 years to life in state prison. On appeal, Summers argues the court abused its discretion in refusing to strike at least one of his two strike priors. He further argues his sentence of 35 years to life constitutes cruel and unusual punishment under the federal and California Constitutions. Court disagree and affirm.
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