P. v. Avalos
Defendant Albert Joe Avalos was charged with failing to register as a sex offender (count 1; Pen. Code, 290, subd. (g)(2); undesignated section references are to the Penal Code), resisting a peace officer (counts 2 & 3; 148, subd. (a)(1)), and providing false information to a peace officer (count 4; 148.9, subd. (a).) The information also alleged as to count 1 that defendant had suffered two prior strike convictions for lewd and lascivious acts with a minor ( 288, subd. (a), 667, subds. (d), (e)(2), 667.5, subd. (c), 1192.7, subd. (c)), both occurring on May 28, 1992, and had served two prior prison terms ( 667.5, subd. (b)).[1]
At sentencing, the trial court denied defendants Romero motion and imposed a state prison term of 25 years to life. Defendant contends: (1) the trial court abused its discretion by denying the motion; (2) his sentence constitutes cruel and unusual punishment; and (3) his constitutional right not to be placed twice in jeopardy was violated because his current offense is so minor, even when his recidivism is considered, that his life sentence represents being twice punished for his prior convictions. Court shall affirm.
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