P. v. Burton
A jury convicted appellant of stalking Anna Guzzetti, attempted kidnapping of and making a criminal threat with findings of deadly weapon use, and possession of cocaine. Appellant was acquitted of attempted kidnapping of Ms. Guzzetti and attempted kidnapping of Ms. Garcia with intent to commit rape. The court found that appellant had suffered four prior serious felony and strike convictions .
Sentenced to a term of 81 years to life, appellant contends that: (1) substantial evidence does not support the convictions for stalking and cocaine possession; (2) three of the prior, non-California convictions do not qualify as strikes or serious felonies; and (3) the sentence constitutes unconstitutional cruel and unusual punishment. Court reversed the stalking conviction, but affirmed the rest of the judgment.
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