P. v. Walker
James Edward Walker entered guilty pleas to sale of cocaine (count 1; Health & Saf. Code, 11352, subd. (a)), and possession of cocaine for sale (count 2; Health & Saf. Code, 11351.5). Walker admitted the truth of enhancements under Health and Safety Code section 11370.2, subdivision (a) and Penal Code section 1203.07, subdivision (a)(11); four prison priors within the meaning of Penal Code section 667.5, subdivision (b), and four serious/violent felony (strike) prior convictions within the meaning of Penal Code section 667, subdivisions (b)-(i).
At the time of sentencing the trial court denied Walker's motion to strike at least three of his serious felony prior convictions and sentenced him to an indeterminate sentence of 25 years to life plus seven years for the enhancements. The trial court imposed a concurrent 25-year-to-life sentence on count 2, possession of cocaine for sale. Walker appeals contending the trial court abused its discretion in declining to strike at least three of the serious/violent felony prior convictions; that the sentence imposed is cruel and unusual and that the enhancement imposed under Health and Safety Code section 11370.2 cannot be applied based on prior convictions for crimes in Illinois. Court reject each contention and affirm the judgment as modified to stay the sentence on count 2 pursuant to Penal Code section 654.
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