People v. Murphy

Introduction

A jury found the defendant, William Murphy, guilty of petty theft with three prior convictions. (Pen. Code, § 666.) It also found that each of the prior convictions was for first degree burglary, and thus each qualified as a “strike” for purposes of the three strikes law. (§ 667, subds. (b)-(i).) The court sentenced him to a prison term of 25 years to life.

Murphy appealed. We remanded the case to the trial court to decide whether to exercise its discretion to vacate one or more of the jury’s strike findings. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ].) In light of the remand, we rejected as premature Murphy’s contention his sentence constituted cruel and unusual punishment. We affirmed the judgment in all other respects.

On remand, Murphy urged the court to exercise its discretion under Romero, and argued for similar reasons that the imposition of a life sentence in his situation would be cruel and unusual. The court rejected both positions and returned Murphy to prison. He now appeals for a second time.

We will conclude the court did not abuse its discretion by refusing to vacate the strike…