Eshelman

Charles Richard Eshelman appeals his conviction for second degree murder, the jury also finding he personally used a firearm in the commission of the offense. (Pen. Code, §§ 187, subd. (a); 12022.5.) He was sentenced to a total fixed term of 17 years in state prison: 15 years to life for the murder conviction plus 2 years for the firearm-use enhancement.

Appellant contends that he was denied the effective assistance of counsel when his trial attorney failed to object to the prosecutor’s references to his post -Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed. 694 , 86 S.Ct. 1602, 10 A.L.R.3d 974 ]) silence in violation of Doyle v. Ohio (1976) 426 U.S. 610 [ 49 L.Ed.2d 91 , 96 S.Ct. 2240 ], and also that his sentence constitutes cruel and unusual punishment.

We affirm the judgment.

Facts

The evidence is viewed in the light most favorable to the People. (People v. Johnson (1980) 26 Cal.3d 557, 576 [ 162 Cal.Rptr. 431 , 606 P.2d 738 , 16 A.L.R.4th 1255 ].)

In May 1987, appellant moved in with Susan Hyde (Susan) who lived in a trailer at the Carpintería Camper Park. She had two grown children, Robin and the victim Rick. Appellant had a wife who lived in his home…