P. v. Whitaker
Defendant William Whitaker unsuccessfully moved to suppress evidence seized when a sheriffs deputy stopped him in a park near a bank robbery in Jackson. Defendant pled guilty to second degree robbery (Pen. Code, 211)[1]and admitted that he had two prior convictions within the meaning of the Three Strikes Law ( 1170.12, subds. (a)-(d) & 667, subds. (b)-(i)) and two prior serious felony convictions ( 667, subd. (a)), and that he had served three prior prison terms ( 667.5, subd. (b)). The court sentenced defendant to an aggregate term of 38 years to life, consisting of: 25 years to life for robbery; an additional five years for each of two prior serious felonies; and one year for each of three prior prison terms. On appeal, defendant argues that: (1) the court erred in denying his motion to suppress unlawfully seized evidence; (2) the court abused its discretion in declining to strike one or more of the prior convictions under People v. Superior Court (Romero) (1996) 13 Cal.4th 497; (3) the courts failure to exercise its discretion resulted in a cruel and unusual punishment; and (4) the court erred in imposing a one year enhancement for the 1982 prior conviction. Court agree with defendants last argument and otherwise affirm the judgment.
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