P. v. Maciel
A jury found defendant guilty of felony possession of a controlled substance (Health & Saf. Code, 11377, subd. (a)) (count 1); felony transportation of a controlled substance (Health & Saf. Code, 11379, subd. (a)) (count 2); misdemeanor possession of 28.5 grams or less of marijuana (Health & Saf. Code, 11357, subd. (b)) (count 3); misdemeanor being under the influence of a controlled substance (Health & Saf. Code, 11550, subd. (a)) (count 4); and misdemeanor driving with a suspended or revoked drivers license (Veh. Code, 14601.1, subd. (a)) (count 5). Defendant thereafter admitted that he had suffered five prior serious and/or violent felony strike convictions within the meaning of Penal Code sections 667, subdivisions (c) and (e)(2)(A) and 1170.12, subdivision (c)(2)(A). As a result, defendant was sentenced to a total term of 25 years to life in state prison as follows: 25 years to life on count 1, stayed pursuant to Penal Code section 654; 25 years to life on count 2; and concurrent custody time for the misdemeanor convictions.
On appeal, defendant contends (1) we must reverse his admissions of the prior conviction allegations because the trial court did not fully advise him of the constitutional rights he would be waiving by his admissions, and therefore those admissions were not knowing and voluntary; and (2) his 25 years to life sentence constitutes cruel and unusual punishment under the federal and state Constitutions. For the reasons set forth below, Court affirm the judgment.
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