FRADIUE

People v. FRADIUE

Good Law
2000 Cal. App. LEXIS 310·2000 Daily Journal DAR 4251·80 Cal. App. 4th 15·95 Cal. Rptr. 2d 1
Court of Appeal of CaliforniaMarch 24, 2000C031508California1,943 words

Opinion

Opinion

Hull, J.

Following denial of his motion to exclude a confession given without Miranda warnings, defendant was tried and convicted by a jury on one of two counts of being in possession of heroin in a state prison. (Pen. Code, § 4573.6.) He was also found to have suffered six prior serious felony convictions within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and to have served a prior prison term (Pen. Code, § 667.5, subd. (b)). Defendant was sentenced to an indeterminate term of 25 years to life, to run consecutively to the terms being served at the time of the offense. Defendant was also sentenced to 12 months for the prior prison term which the court stayed in the interest of justice. He appeals, contending the court erred in denying his Miranda motion and the sentence imposed amounts to cruel and unusual punishment. We affirm.

Facts and Procedural History

In light of the contentions raised on appeal, a detailed recitation of the facts of the underlying offense is unnecessary.

On June 26, 1997, defendant was an inmate at the California State Prison, Sacramento. That day, correctional officer David Prasinos searched a cell occupied by…

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