P. v. Hove
This is an appeal by defendant and appellant Scott Andrew Hove, Sr. (defendant), challenging his sentence of 29 years to life in state prison, which the trial court imposed under the three strikes law after a jury found defendant guilty of petty theft with a prior theft conviction in violation of Penal Code section 666,[1] based on evidence that defendant stole gloves and a roll of wire, worth $20.94, from Home Depot. Defendant contends the trial court abused its discretion by denying his request to strike two of his three first degree burglary convictions, all prior serious and/or violent felony convictions within the meaning of the three strikes law. Defendant also claims that his sentence violates the state and federal constitutional prohibitions against cruel and/or unusual punishment. Finally, defendant challenges the jury’s guilty verdict on the ground that the presumption of prejudice arising from the misconduct of a juror was not rebutted in this case.
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