P. v. Holloway
A jury convicted defendant Kevin Lewis Holloway of transportation of cocaine base (Health & Saf. Code, 11352, subd. (a) count one), transportation of heroin (ibid. count two), transportation of marijuana (Health & Saf. Code, 11360, subd. (a) count three), and conspiracy to transport cocaine, heroin and marijuana (Pen. Code, 182, subd. (a)(1) -- count seven). The jury found true allegations that defendant had suffered a 1988 robbery conviction (Pen. Code, 211) and a 1998 voluntary manslaughter conviction (Pen. Code, 192, subd. (a)). The trial court declined to strike either prior felony conviction. Defendant was sentenced to state prison on counts one, two, and three for concurrent terms of 25 years to life. The sentence on count seven was stayed pursuant to Penal Code section 654.
On appeal, defendant contends (1) the trial courts refusal to strike one or both prior felony convictions was an abuse of discretion, and (2) his sentence of 25 years to life is cruel and unusual within the meaning of the Eighth Amendment to the United States Constitution. Court affirm the judgment.
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