Weddle

Terry Gregory Weddle (defendant) was convicted after a jury trial of first degree murder, second degree burglary, and two counts of felony hit and run. In a bifurcated court trial, three prior terms of imprisonment were found to be true. He was sentenced to an indeterminate term of twenty-five years to life for the murder plus three consecutive one-year terms for the priors. Sentence on the remaining counts was imposed and stayed. On appeal, defendant contends his punishment violates the proscriptions against cruel and unusual punishment found in both the federal and state Constitutions.

I

Facts

On February 6,1989, an employee of Mervyn’s department store in Tustin saw defendant running from the men’s department toward the exit, carrying an armful of clothes. He followed and watched as defendant threw the clothes into a green Datsun which was parked in a fire lane, blocking a wheelchair ramp and facing oncoming traffic with its engine running and its driver’s door open.

During this time, Richard O’Rourke drove into the parking lot accompanied by his wife and son. After seeing defendant throw the clothes into the green Datsun, he instructed his wife to notify the store…