P. v. Aguilar
Appellant appeals from the judgment entered following a jury trial in which he was convicted of four counts of first degree residential burglary, counts 2 through 5, (Pen. Code, 459) and one count of receiving stolen property, count 8, (Pen. Code, 486, subd. (a)). The jury also found that counts 3, 4 and 5 were violent felonies within the meaning of Penal Code section 667.5, subdivision (c) in that another person, other than an accomplice, was present in the residence during the commission of the offense. He admitted that he had two prior convictions of serious or violent felonies within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)(i) & 1170.12, subds. (a)-(d)) and within the meaning of Penal Code section 667, subd. (a)(1).[1]He was sentenced to a life term with a minimum sentence of 25 years for each of his burglary convictions to run consecutively, plus 10 years for the two enhancements under Penal Code section 667, subdivision (a)(1). His sentence of life with a minimum of 25 years for count 8 was ordered stayed pursuant to Penal Code section 654. He contends the trial court abused its discretion under Penal Code section 1385 when it refused to strike at least one of his prior serious convictions. Additionally, he claims his 10-year plus 100 year to life prison term constitutes cruel and/or unusual punishment. For reasons stated in the opinion Court affirm the judgment.
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