P. v. Lechuga
A jury convicted defendant of first degree burglary. The trial court found true four serious felony allegations, and eight strike allegations, arising from eight prior first degree burglary convictions. The trial court declined to strike any of the prior convictions and sentenced defendant to state prison for 25 years to life for the burglary plus 20 years for the prior convictions.
On appeal, defendant contends (1) evidence of his spontaneous declaration was erroneously excluded, (2) his request for CALJIC No. 2.21.2 was erroneously refused, (3) his Romero[1] motion to strike seven of his eight strikes was erroneously denied, and (4) his sentence of 45 years to life constitutes cruel and unusual punishment. Court affirmed the judgment.
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