Hamilton

People v. Hamilton

Good Law
1995 Cal. App. LEXIS 1225·40 Cal. App. 4th 1615·47 Cal. Rptr. 2d 749·95 Daily Journal DAR 16536·95 Cal. Daily Op. Serv. 9570
Court of Appeal of CaliforniaDecember 13, 1995B088802California1,417 words

Opinion

Opinion

Woods, J.

After a court trial, appellant was found guilty of petty theft with a prior (Pen. Code, § 666. Statutory references, unless otherwise noted, are to the Penal Code) and an alleged serious felony, a “strike” (§ 667, subds. (b)-(i)), was found true. Appellant was sentenced to a four-year state prison term, less one hundred thirty-nine days’ custody credits.

Appellant contends: (1) only a conviction suffered on or after March 7, 1994, can be a “strike”; (2) the “three strikes” statute is unconstitutionally vague; and (3) section 667, subdivision (c)(5), which limits custody credits to one-fifth the imprisonment term, denies him equal protection of the law. We find no merit in these contentions and affirm the judgment.

Discussion

1. Appellant contends only a conviction suffered on or after March 7, 1994, can be a “strike”

The contention is a familiar one. We join other courts in rejecting it. (People v. Reed (1995) 33 Cal.App.4th 1608, 1610-1612 [ 40 Cal.Rptr.2d 47 ]; People v. Anderson (1995) 35 Cal.App.4th 587, 600-601 [ 41 Cal.Rptr.2d 474 ]; People v. Green (1995) 36 Cal.App.4th 280, 282-284 [ 42 Cal.Rptr.2d 249 ]; People v. Sipe (1995) 36 Cal.App.4th 468, 476-479 [ 42…

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