People v. Murphy

Defendant Glenn Albert Murphy appeals his conviction for possessing methamphetamine for sale. He contends the court abused its discretion in denying his Romero motion to dismiss a prior strike conviction, in part because his 11-year prison term constitutes cruel and unusual punishment under the state and federal Constitutions and violates constitutional prohibitions on double jeopardy. By supplemental brief, defendant also contends the recent case of Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403, 412 , 124 S.Ct. 2531 ] requires that a jury, rather than the judge, determine whether to dismiss the prior strike conviction on the ground he falls outside the spirit of the three strikes law.

Because neither contention has merit, we shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

During a parole search of defendant’s home, officers found a pound of methamphetamine inside a safe; half a pound of methamphetamine inside a black bag; two baby bottle liners containing approximately half an ounce and one-quarter ounce of methamphetamine; indicia of drug use and sales, including multiple scales and suspected pay/owe sheets; four guns and ammunition; and…