Cepeda

This is a second strike case. Michael A. Cepeda appeals from the judgment entered following his negotiated plea of no contest to possessing a controlled substance (Health & Saf. Code, § 11350, subd. (a)), with his admissions he had one “strike” (Pen. Code, § 667, subds. (b)-(i)) and he had two prior felony convictions for which he had served separate prison terms (Pen. Code, § 667.5, subd. (b)). Appellant belatedly obtained a certificate of probable cause. (Pen. Code, § 1237.5.) He contends: “I. The statute violates the separation of powers doctrine. II. Prior convictions previous to March 7, 1994 cannot be used as a strike prior. III. Appellant’s sentence must be reversed because the ‘Three Strikes’ law under which it was imposed is unconstitutionally vague and fails to give adequate notice of the specific punishment to be imposed. IV. Sentencing under the ‘Three Strikes’ law is unconstitutionally cruel and unusual.”

Facts

The information alleged appellant had three prior felony convictions which were serious felonies and therefore “strikes” within the meaning of the three strikes law (Pen. Code, § 667, subds. (b)-(i)) and alleged appellant had prior prison term…