P. v. Lucero
Defendant, James Orlando Lucero, was convicted after a jury trial of one count of possession of heroin (Health & Saf. Code, 11350, subd. (a)), with five prior serious felony convictions within the meaning of the three strikes law (Pen. Code,[1] 667, subd. (d)) and five prior prison term enhancements ( 667.5, subd. (b)) found true. He was sentenced to the third strike term of 25 years to life. On appeal, defendant contends his third strike indeterminate term violates the federal and state constitutional prohibitions against cruel and/or unusual punishment. He also challenges three of the five prior strike convictions, which are based on burglary convictions in Utah, and contends there is insufficient evidence that the Utah convictions were for burglaries of inhabited dwellings, such that the offenses are not serious felonies under California law. Court will affirm.
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