Crooks

Defendant Ronald Aubrey Crooks burglarized the victim’s apartment and raped the victim in her own bedroom. As pertinent, defendant was sentenced to a term of 25 years to life under the provisions of California’s “first strike” sentencing law as set forth in Penal Code section 667.61. In the published portion of this opinion, we conclude this sentence did not constitute cruel or unusual punishment, nor did the sentence violate defendant’s right to the equal protection of the laws.

Defendant was charged by an amended information with five felony counts arising from the same set of facts: first degree burglary with intent to commit rape (count 1; §§ 459, 261, subd. (a)(2)); sexual battery (count 2; § 243.4, subd. (a)); and three counts of rape by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury (counts 3-5; §261, subd. (a)(2)). It was also alleged that defendant committed counts 3 through 5 while personally armed with a deadly weapon, a knife (§ 12022.3, subd. (b)), and during the commission of a first degree burglary (§ 667.61, subds. (c)(2), (d)(4)).

After trial, a jury convicted defendant on all counts and found all the…