P. v. Arena
Appellant was charged with two counts of second degree commercial burglary (counts 1 & 3, Pen. Code, 459),[1]two counts of petty theft with a prior (counts 2 & 4, 484, subd. (a)/666) and one count of failure to appear while on bail (count 5, 1320.5). The information alleged that the offense was committed while appellant was released from custody ( 12022.1, subd. (b)), that he had been convicted of three serious or violent felony offenses ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and served three prior prison terms ( 667.5, subd. (b)). Appellant claims the trial court erred in denying his motion to reduce his felonies to misdemeanors or refusing to strike a prior conviction. He further asserts that his sentence constitutes cruel and unusual punishment. Court affirm.
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