P. v. Daire
Sophia Lorraine Daire, also known as Candy Mitchell, Sophia Mitchell and Sophia Daria, appeals from a judgment entered upon her conviction by jury of first degree burglary (Pen. Code, 459).[1] Appellant admitted the special allegations that she had suffered three prior felony convictions within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (a)(1) and (b) through (i) and one prior prison term within the meaning of section 667.5, subdivision (b). After denying appellants Romero[2]motion seeking to dismiss two of her strikes, the trial court sentenced her to a term of 25 years to life on her burglary conviction, plus three consecutive five-year enhancements under section 667, subdivision (a). Appellant contends that (1) there was insufficient evidence to sustain her conviction, thereby violating her rights to due process and a fair trial, (2) instructing the jury with an unmodified version of CALCRIM No. 376 violated her state and federal rights to proof beyond a reasonable doubt and due process, and (3) the trial court abused its discretion by refusing to strike appellants prior felony strikes, resulting in punishment that was cruel and/or unusual under the federal and state Constitutions. Court affirm.
Comments on P. v. Daire