Baca

Dennis Baca appeals from his conviction in a “three strikes” case. In the published part of this opinion, we join other California courts in rejecting the claim that a defendant is entitled to have the jury instructed on the doctrine of nullification. In the unpublished portion of this opinion, we discuss appellant's arguments that the trial court abused its discretion by not reducing the present conviction to a misdemeanor and in not striking a prior conviction; that the sentence amounts to cruel and unusual punishment, cruel or unusual punishment, or both; that the trial court improperly interfered with appellant’s right of allocution; and that the limitation of prison conduct credits to 20 percent is illegal.

Factual and Procedural Summary

In light of the nature of the errors claimed, there is no need to discuss the charges against appellant in detail. The information charged two counts of petty theft with a prior. (Pen. Code, § 666; all further statutory citations are to that code.) Both were shoplifts, one at the Home Base store in El Monte on March 20,1994 (count I), involving a box of drill bits; the other at Von’s grocery in the same city, on February 27, 1994…