People v. Stone

Michael Stone appeals from the judgment entered following a jury trial that resulted in his conviction of manufacturing phencyclidine (PCP) (Health & Saf. Code, § 11379.6, subd. (a); count 1) and a finding that he manufactured PCP, its analogs, and precursors (Pen. Code, § 1203.07, subd. (a)(7)); court findings that he had suffered two prior convictions which qualified as strikes under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and his plea of guilty to misdemeanor infliction of corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a); count 2). He was sentenced to prison for the term of 25 years to life on count one. He was also ordered to pay a $5,000 restitution fine, a $5,000 parole revocation fine, and a $50 laboratory analysis fee.

Appellant contends the evidence is insufficient to support his conviction for manufacturing PCP because it merely establishes he was engaged in the manufacture of piperidine, which has legitimate uses in addition to being a precursor to the manufacture of PCP. He further contends his sentence of 25 years to life constitutes cruel or unusual (or both) punishment under the federal and state…