Frazier
People v. Frazier
Opinion
Opinion
Morrison, J.
A jury convicted defendant of possession of methamphetamine. (Health and Saf. Code, § 11377, subd. (a).) The trial court found that defendant had four robbery convictions and one burglary conviction within the meaning of Penal Code sections 667, subdivision (d), and 1170.12, the three strikes law. The court imposed a term of 25 years to life in state prison.
On appeal, defendant contends (1) the trial court erred by admitting evidence of a tattoo on the person of defendant’s wife, a witness in his defense, because the evidence was more prejudicial than probative under Evidence Code section 352; (2) the court erred by not instructing the jury sua sponte on CALJIC No. 12.06 regarding the defense of transitory possession; (3) serious felony convictions incurred before March 7, 1994, the effective date of the three strikes law, may not count as “strikes”; (4) the three strikes law is unconstitutionally vague; (5) this case must be remanded for the trial court to exercise its discretion under section 1385, subdivision (a) by considering whether to strike the prior conviction allegations; and (6) the sentence imposed constitutes cruel and unusual punishment.