In Re Large

Good Law
2007 Cal. LEXIS 6760·41 Cal. 4th 538·61 Cal. Rptr. 3d 2·160 P.3d 662
Supreme Court of CaliforniaJune 28, 2007S127754California6,391 words

Opinion

Opinion

Werdegar, J.

Petitioner in this habeas corpus proceeding is serving a life sentence under the “Three Strikes” law. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) He alleges he has been denied his “right to the exercise of the trial court’s discretion to dismiss one or more of [his] strike prior convictions.” (See People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ] (Romero).) On this basis, petitioner claims his sentence violates the due process clauses of the United States and California Constitutions. (U.S. Const., 14th Amend.; Cal. Const., art. I, § 15.) Finally to resolve the matter, which has now generated four decisions by the Court of Appeal and three postappeal hearings in the superior court, we granted the petition and issued an order to show cause returnable before ourselves. We conclude petitioner has not shown that he is entitled to relief and therefore discharge the order to show cause.

I. Background

On April 4, 1995, the District Attorney of Riverside County charged petitioner by information with petty theft with a prior (§ 666), a felony, and falsely identifying himself to a police officer (§ 148.9, subd. (a)), a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.