P. v. Atherton
A jury convicted defendant of failing to register as a sex offender. In a trial by court, the court found defendant had two prior strike convictions and had served three prior prison terms. Defendant was sentenced to state prison for 28 years to life.
On appeal, defendant contends (1) resentencing is required because the trial court abused its discretion in denying his motion to strike one or both of his prior strikes, (2) his sentence violates the ban on cruel and unusual punishment, and (3) if we conclude his second contention was forfeited, then he received ineffective assistance of counsel. Court affirmed the judgment.
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