Cressy

People v. Cressy

Good Law
1996 Cal. App. LEXIS 716·47 Cal. App. 4th 981·55 Cal. Rptr. 2d 237·96 Daily Journal DAR 8995·96 Cal. Daily Op. Serv. 5523
Court of Appeal of CaliforniaJuly 25, 1996A070471California4,450 words

Opinion

Opinion

Corrigan, J.

In the published portion of this opinion (pts. I., IV., and V.), we reject defendant’s claims that the court improperly denied his pretrial Miranda motion and illegally enhanced his sentence by one year for a prior prison term under the three strikes sentencing scheme. We also reject his assertion that the sentencing scheme violates equal protection guarantees. In the unpublished portion of this opinion (pts. II., III., and VI.), we reject defendant’s assignments of error for evidentiary rulings, instruction upon reasonable doubt, and sentencing considerations.

Procedural History

Defendant was convicted of possession of methamphetamine. The allegations that he had a prior serious felony conviction, alleged under Penal Code section 1170.12, subdivisions (b) and (c), and three prior prison commitments, alleged under section 667.5, subdivision (b), were found true.

At sentencing, the court selected the aggravated term of three years for possession of methamphetamine, doubled to six years under section 1170.12, subdivision (c)(1). The court then added one year for each of defendant’s three prior prison terms, for a total of nine years in prison.

Facts

On January 29,…

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