Spears

This appeal raises various issues related to Penal Code section 667, former subdivisions (b)-(j), commonly known as the “three strikes" legislation, including several constitutional attacks. We will find that some of appellant’s attacks are moot in his case and we will reject all of appellant’s other contentions.

Statement of Case

Following a preliminary examination, defendant and appellant Leroy William Spears was charged with two felony counts by information filed in the Stanislaus County Superior Court. Count I alleged a violation of section 459 (burglary), and further alleged a prior serious felony conviction as defined in section 667, subdivision (d), and two prior prison terms as defined in section 667.5, subdivision (b). Count II alleged a violation of section 496, subdivision (a) (receiving stolen property), and further alleged the same two prior prison terms as were set forth in count I.

After first pleading not guilty to both counts and denying the various enhancement allegations, appellant withdrew his not guilty plea as to count I and entered a plea of no contest to second degree burglary, also admitting a 1990 first degree burglary conviction and a prior…