P. v. Lopez
On May 3, 2007, the Fresno County District Attorney filed an information in superior court. As subsequently amended by interlineation, the information charged appellant as follows:
Count 1carjacking (Pen. Code, 215, subd. (a));
Count 2kidnapping ( 207, subd. (a)), with personal use of a firearm ( 12022.53, subd. (b), 12022.5, subd. (a)); Counts 3 and 4possession of a firearm by a felon ( 12021, subd. (a)); Counts 5 and 6possession of a controlled substance (Health & Saf. Code, 11377, subd. (a)); Count 7dissuading a witness from prosecuting a crime ( 136.1, subd. (b)(1)); and Count 8resisting a peace officer ( 148, subd. (a)(1)). The district attorney specially alleged appellant had sustained three strike priors ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). On May 7, 2007, appellant was arraigned, pleaded not guilty to the substantive counts, and denied the special allegations. On August 23, 2007, jury trial commenced. Appellant contends on appeal (1) that the conviction on count 1, for carjacking, is not supported by substantial evidence, and (2) that his sentence is cruel and unusual punishment. Court disagree with both contentions and will affirm.
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