In Re Coley

Petitioner was convicted of failing to update his sex offender registration within five working days of his birthday (Pen. Code, former § 290, subd. (a)(1)(D)) [1] and, due to his prior criminal convictions, was sentenced to 25 years to life pursuant to the "Three Strikes" law (Pen. Code, § 1170.12, subds. (b)-(e)).

In response to an order issued by the California Supreme Court, we consider whether, in light of the holding in People v. Carmony (2005) 127 Cal.App.4th 1066 [ 26 Cal.Rptr.3d 365 ] ( Carmony ), petitioner's sentence violates the Eighth Amendment. We conclude petitioner's sentence does not violate the Eighth Amendment and respectfully disagree with Carmony .

Petitioner was arrested as part of a "parolee at large sweep" and subsequently convicted of the above-referenced sex offender registration offense. He admitted having prior convictions for voluntary manslaughter, rape in concert, and robbery. After being sentenced to 25 years to life pursuant to the Three Strikes law, petitioner appealed the judgment of conviction arguing, inter alia, that the punishment violated the Eighth Amendment's proscription against cruel and unusual punishment. We rejected…