P. v. Brown
A jury found defendant Duane Brown guilty of possessing child pornography, and sustained allegations that he had two prior felony convictions for child molestation in July 1987. Before sentencing, defendant filed a request for the trial court to exercise its discretion to strike one of the recidivist findings. (Pen. Code, 1385 [undesignated section references will be to this code].) The court, after an extensive recitation of its reasoning, declined to strike one of the findings and as a result sentenced him to an indeterminate prison term of 25 years to life. ( 667, subds. (d) & (e).)
Defendant contends the trial court abused its discretion in failing to strike one of the findings. For the first time on appeal, he also asserts the sentence is unconstitutionally cruel and/or unusual. court shall affirm the judgment. Court do not need to address the sufficiency of the evidence or prejudice, so we do not include any separate recitation of the facts underlying defendants conviction. To the extent these are relevant to his arguments, we incorporate them in the Discussion.
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