P. v. Langsdon
A jury convicted defendant Charles Dayton Langsdon of one count of second degree robbery, count 1 (Pen. Code, § 211; all further statutory references are to the Penal Code), one count of attempted second degree robbery, count 2 (§§ 664, subd. (a); 211), and one count of felony possession of a controlled substance, count 3 (Health & Saf. Code, § 11350, subd. (a)). In a bifurcated trial, the court found true defendant had previously been convicted of four strike offenses (§§ 667, subds. (b)-(i); 1170.12, subds. (b) & (c)(2)(A)), suffered two prior serious felony convictions (§ 667, subd. (a)(1)), and suffered two prior felony convictions resulting in prison terms (§ 667.5, subd. (b)). The court sentenced defendant to a prison term of 35 years to life consisting of 25 years to life on count 1 plus consecutive 5-year sentences for two prior serious felony convictions. The court stayed a 2-year term on count 2 and an 8-month sentence on count 3. The court struck the prior strike convictions as to counts 2 and 3 and struck the remaining prior convictions as to all counts.
In his appeal, defendant alleges the court abused its discretion in refusing to strike all or some of his prior strike conviction as to count 1. He also contends that, because his sentence is the functional equivalent of a life sentence, the sentence constitutes cruel and unusual punishment.
Considering defendant’s criminal background, the court did not abuse its discretion and we affirm the judgment.
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