P. v. Alva
A jury convicted defendant of one count of first degree burglary. (Count 1 Pen. Code, 459). After a bifurcated trial, the jury also found true allegations that defendant had suffered eight prior strike convictions ( 667, subds. (b)-(i), 1170.12 subds. (a)-(d)), two of which qualified as serious felonies ( 667, subd. (a)(1)), and a ninth prior conviction for which he had served a prison term and failed to remain free from custody for five years ( 667.5, subd. (b)). Prior to sentencing, defendant unsuccessfully moved to dismiss his prior strike convictions. The court sentenced defendant to an indeterminate term of 36 years to life, consisting of a 25 year to life term on the burglary conviction; two consecutive five-year terms for the prior serious felony convictions; and one additional consecutive year for the prior prison term. On appeal, defendant contends the trial court abused its discretion in denying his motion to strike his prior strike convictions and, in the alternative, that his sentence is violative of the California and United States Constitutional prohibitions against cruel and unusual punishment. Court find defendants claims without merit and, therefore, affirm the judgment in its entirety.
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