P. v. Fosselman
Defendant was convicted by jury trial of second degree robbery (Pen. Code, S 211, 212.5, subd. (c)) and carrying a concealed dirk or dagger on his person (Pen. Code, S 12020, subd. (a)(4)), and the jury found true the allegation that he had personally used a deadly or dangerous weapon in the commission of the robbery (Pen. Code, S 12022, subd. (b)(1)). The court found true allegations that defendant had suffered four prior serious felony convictions (Pen. Code, SS 667, subds. (a), (b) (i), 1170.12) and five times served prison terms for felony convictions (Pen. Code, S 667.5, subd. (b)). Defendant was committed to state prison to serve an indeterminate term of 25 years to life consecutive to a determinate term of 11 years. On appeal, defendant claims that the trial court erred in giving a prejudicially erroneous instruction on the "concealed" element of the carrying a concealed dirk or dagger count. He also contends that the trial court abused its discretion in refusing to strike the prior conviction findings. Finally, defendant maintains that his sentence is unconstitutionally cruel and/or unusual punishment. Court reject his contentions and affirm the judgment.
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