Davis

McINTYRE, J.

A jury found Marquis Davis guilty of possession of a firearm by a felon, unlawful driving or taking of a motor vehicle, and evading a peace officer with reckless driving. In a bifurcated proceeding, the trial court found Davis had suffered two prior strike convictions under Penal Code section 667, subdivision (b) (all statutory references are to the Penal Code). The court denied Davis's motions for substitution of counsel and for a new trial, and sentenced him to 25 years to life in prison for possession of a firearm by a felon, and to two concurrent terms of 25 years to life for unlawful taking or driving a vehicle and evading a police officer.

Davis appeals, contending that (1) his sentences of 25 years to life pursuant to the three strikes legislation were illegal because his prior two convictions for rape in concert did not qualify as strikes on June 20, 1993; (2) application of the three strikes legislation to him violates his rights to equal protection of the laws; (3) his convictions must be reversed because the prosecutor committed misconduct by inflaming the passions of the jury and arguing facts that were not in evidence; (4) the court erred in instructing…