Cuevas

Lawrence Anthony Cuevas was convicted of robbing three banks in Alameda County during the fall of 1997. Because of his lengthy felony criminal record, Cuevas was sentenced under the “Three Strikes” law to a total prison term of 85 years to life. He appeals his conviction and sentence on the following grounds: (1) ineffective assistance of counsel for failure to make a suppression motion; (2) instructional error on the element of “force or fear”; (3) instructional error that had the effect of depriving appellant of his right to jury nullification; and (4) cruel and unusual punishment. We find no error and affirm.

Procedural Background

In an amended information filed on April 12, 2000, appellant was charged with four counts of robbery in violation of Penal Code section 211. It was further alleged that appellant had suffered four prior felony convictions within the meaning of sections 1170.12 and 667, subdivision (a), and had served one prior prison term within the meaning of section 667, subdivision (b).

A jury found appellant guilty of three counts of robbery (counts 2, 3 and 4), but was unable to reach a verdict as to the fourth (count 1). The court declared a mistrial…