Ruiz

In part, we hold that the legislative version of the “Three Strikes” law is not an invalid modification of Proposition 7 (the Briggs Initiative, adopted by the electorate in 1978), and did not result in the infliction of cruel and unusual punishment upon appellant as a “second striker.” We also find that imposition of both a Penal Code section 667, subdivision (a) and a section 667, subdivision (b) enhancement was proper.

On October 5, 1994, a jury convicted appellant Reyes Sotelo Ruiz of second degree murder involving the use of a deadly weapon (Pen. Code, §§ 187, 12022, subd. (b)) Allegations that appellant had suffered a prior serious felony conviction for robbery within the meaning of section 667, subdivision (a), and that he had served a prior prison term for burglary within the meaning of section 667.5, subdivision (b), were found to be true.

Appellant was sentenced to fifteen years to life for the murder, doubled to thirty years to life; one year for the weapon use; five years for the prior serious felony conviction; and one year for the prior prison term.

The total prison term imposed was thus 37 years to life, with the 7-year determinate term ordered to be…