P. v. Reed
In 1995, appellant, Donald Wayne Reed, was sentenced to a term of 25 years to life under the Three Strikes law on his conviction for possession of a sharp instrument while a state prisoner. (Pen. Code[1], 4502.) The information had also alleged the following prior convictions: two for burglary in 1995 ( 459); two for robbery in 1988 ( 211); two more for burglary in 1988 ( 459); and one for grand theft of a firearm in 1988 ( 487, subd. (3)). At least two of these prior serious felony convictions were found to be true.
In 2007, appellant filed a habeas corpus petition in the superior court alleging that the sentencing court had not understood that it had discretion to strike one or more of the prior convictions. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).) Following a hearing held in 2008, the court denied appellants request to strike his prior convictions.
Appellant contends the trial court abused its discretion when it refused to strike one or more of his prior convictions. Appellant further argues that the trial courts failure to exercise its discretion resulted in a cruel and unusual punishment. Court disagree.
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