People v. Girk CA1/2

I. INTRODUCTION

In August 2012, a Lake County jury convicted appellant of two counts of burglary and two counts of petty theft. A few days later, the court found the prosecution’s allegations that appellant had suffered three prior strikes and had served three prior prison terms to be true and sentenced him to a prison term of 55 years to life. Appellant argues that (1) there was substantial doubt as to whether he was competent to stand trial, and (2) the sentence authorized under California’s Three Strikes law and imposed here constitutes cruel and unusual punishment under both the United States and California Constitutions. We reject both contentions and affirm the judgment of conviction including the sentence imposed.

II. FACTUAL AND PROCEDURAL BACKGROUND

On the evening to September 6, 2009, Edward Fuchs and his fiancé (now wife, Sarah Fuchs) left their home with their daughter go to the Lake County Fair in Lakeport. They left at about 4:30 p.m., returning at about 9:30 p.m. When the family left the house, Fuchs closed the garage door, but stated that he did not know whether or not he had

1 locked the doors to their house. While the couple was getting ready for bed, he…