P. v. Dirden
Defendant and appellant Roderick Keith Dirden appeals from a judgment convicting him of three counts of robbery (Pen. Code, § 211)[1] and three counts of being a felon in possession of a firearm. (§ 12021, subd. (a)(1).) The jury found defendant guilty of two robbery counts and associated felon-in-possession counts, and also made true findings on allegations that defendant personally used a firearm in the commission of the robberies. (§12022.53, subd. (b).) The jury was unable to reach a verdict on a third set of charges, but defendant eventually pleaded guilty to these charges as well. The court subsequently found true an allegation that defendant had suffered a prior “strike†conviction within the meaning of section 667, subdivisions (b)-(i).[2]
Before sentencing, defendant filed a motion to have his “strike†prior stricken pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). This was denied, and the trial court imposed a sentence of 33 years 4 months.[3]
On this appeal defendant contends first that the trial court erred when it denied his Romero motion. He also contends that his sentence violates the Eighth Amendment because, as to him, it constitutes cruel and unusual punishment. We disagree, and affirm the judgment.
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