P. v. Watkins
A jury convicted defendant, Darryl Watkins, of possessing cocaine base (Health & Saf. Code, § 11350, subd. (a)) and resisting/delaying an officer (Pen. Code, § 148, subd. (a)(1)). In bifurcated proceedings, he admitted having suffered four prior convictions for which he served prison sentences (Pen. Code, § 667.5, subd. (b)) and five strike priors (Pen. Code, § 667, subds. (c) & (e)). He was sentenced to prison for 25 years to life and appeals, claiming the pleadings were constructively amended, which was improper, the jury was incorrectly instructed, his motion to dismiss his strikes should have been granted and his sentence constitutes cruel and unusual punishment. We reject his contentions and affirm.
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