Cooper

Appellant James Edward Cooper is a third strike offender under the “three strikes” legislation (Pen. Code, § 667, subds. (b)-(i)). A jury convicted him of being an ex-felon in possession of a handgun (§ 12021, subd. (a)) and found to be true allegations he had previous convictions for robbery in 1977 and 1982 within the meaning of section 667, subdivisions (d) and (e). The trial court sentenced appellant to a term of 25 years to life. Appellant challenges the constitutionality and application of the three strikes legislation.

In the published portion of this opinion, we hold the three strikes legislation does not provide for cruel and unusual punishment, nor does it result in a deprivation of equal protection for “third strike” defendants. In the unpublished portion we reject appellant’s other challenges. Accordingly, we affirm.

Facts

On May 25, 1994, employees of a supermarket detained appellant when he shoplifted a can of cake frosting. Appellant offered to pay for the frosting, but a cashier told him it was “too late.” Appellant displayed a handgun and said, “Don’t make me do this just for a can of frosting.” The cashier told appellant to “just go.” Appellant left…