P. v. Davenport
Defendant Kevin Davenport was convicted of various crimes connected to his theft of a video camera. Pursuant to the Three Strikes law, he was sentenced to 25 years to life in prison. On appeal, he contends (1) the prosecutor committed misconduct in closing argument by diluting the reasonable doubt standard and by urging the jurors not to deliberate, (2) the trial court deprived defendant of a jury trial on the issue of identity regarding the prior conviction allegations, (3) the trial court abused its discretion by denying his Romero[1]motion to dismiss his prior convictions, and (4) his 25-year to life sentence is cruel and/or unusual punishment. Court affirm the judgment.
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