P. v. Daniels
Randy Odean Daniels was committed to Atascadero State Hospital as a Sexually Violent Predator (SVP). Dissatisfied with his situation, he conceived a plan to have himself returned to prison by blatantly committing a new offense. His apparent notion was that he would do his time for the new offense and be released. He was wrong. He evidently neglected to factor in his criminal history, which included four qualifying prior serious or violent felonies within the meaning of the Three Strikes law. Daniels appeals the judgment entered after he pled no contest to possessing paraphernalia (marijuana cigarettes) in a custodial institution (Pen. Code,[1] 4573.6) and admitted suffering two prior strike convictions ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). In exchange for his plea, two other prior strike allegations were dismissed. The trial court sentenced him to a total state prison term of 25 years to life. He contends that his sentence violates the constitutional proscriptions against cruel and unusual punishment and double jeopardy. He further contends that the court abused its discretion in refusing to strike his prior strikes pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. Court affirm.
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