P. v. Hicks
A jury found defendant Tyrea Kinte Hicks guilty of being a convicted felon in possession of a firearm and ammunition. (Pen. Code, 12021, subd. (a)(1)), 12316, subd. (b)(1); further section references are to the Penal Code.) Finding that defendant had four prior serious felony convictions, the trial court sentenced him to 25 years to life pursuant to the three strikes law.
On appeal, defendant contends (1) the court should have granted his motion to suppress evidence, (2) his Wheeler-Batson motion was erroneously denied (People v. Wheeler (1978) 22 Cal.3d 258; Batson v. Kentucky (1986) 476 U.S. 79 [90 L.Ed.2d 69]), (3) the court should have granted his motion to strike his prior convictions for purposes of sentencing, (4) his sentences of 25 years to life are unconstitutionally cruel and/or unusual punishment, and (5) his sentence for unlawful possession of ammunition should have been stayed pursuant to section 654. We shall modify the judgment to stay the sentence for the ammunition conviction, and affirm the judgment as modified.
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