Byrd
People v. Byrd
Opinion
Opinion
Sims, J.
In this case arising under the “Three Strikes” law, defendant Steve Byrd appeals from a judgment following his conviction for 12 counts of robbery (Pen. Code, § 211 ), one count of mayhem (§ 203), one count of attempted premeditated murder (§§ 664/187, subd. (a)), and one count of possession of a firearm by a convicted felon (§ 12021, subd. (a)(1)), with enhancements for personal use of a firearm (§ 12022.53, subd. (b)), personal discharge of a firearm causing great bodily injury (§ 12022.53, subd. (d)), and three serious felony prior convictions (§ 667, subds. (a)-(i)).
Defendant was sentenced to state prison for a determinate term of 115 years, plus an indeterminate term of 444 years to life.
On appeal, defendant raises claims of evidentiary and sentencing error, and prosecutorial misconduct in closing argument. In the published portion of the opinion, we reject defendant’s contentions that the trial court erred in calculating his sentence and that his sentence constitutes cruel and/or unusual punishment. In the unpublished portion of the opinion, we reject defendant’s other contentions of prejudicial error. We shall therefore affirm the judgment.