P. v. Aquino
The People charged defendant by amended information with petty theft with a prior, a felony (count 1Pen. Code, 666), being under the influence of a controlled substance, a misdemeanor (count 2Health & Saf. Code, 11550, subd.(a)), and possession of a device for smoking controlled substances, a misdemeanor (count 3Health & Saf. Code, 11364, subd. (a)). Prior to trial, defendant stipulated to the fact that he had a prior theft conviction for purposes of the count 1 offense. Prior to the completion of trial, defendant also admitted the truth of three prior strike convictions and four prior prison term allegations. The jury convicted defendant on all counts. The trial court sentenced defendant to 29 years to life, consisting of the following: 25 years to life on count 1; one consecutive year for each of the four prior prison terms; and time served on counts 2 and 3.On appeal, defendant contends his 29 year to life sentence violates the federal and state constitutional proscriptions against double jeopardy because it was based primarily on past offenses for which he had already been punished. In addition, defendant maintains his sentence is violative of the federal and state constitutional prohibitions against cruel and/or unusual punishment. Court find defendants sentence constitutionally valid and, therefore, affirm the judgment in full.
Comments on P. v. Aquino