Zubia

Appellant was convicted of assault with a deadly weapon (Pen. Code, § 245, subd. (a)), following a jury trial. The jury also found that he had used a firearm, to wit, a rifle, during the commission of the offense within the meaning of Penal Code section 12022.5. He is appealing from the judgment.

*303 Viewing the evidence in the light most favorable to the judgment, as required by the usual rules governing appellate review, there is sufficient evidence to support appellant’s conviction. “The test on appeal is whether substantial evidence supports the conclusion of the trier of fact . . . .” (People v. Reilly, 3 Cal.3d 421, 425 [ 90 Cal.Rptr. 417 , 475 P.2d 649 ].)

The court sentenced appellant to state prison for the term prescribed by law and to an additional minimum period of five years pursuant to Penal Code section 12022.5. The court then ordered that the maximum sentence be shown as 15 years. The penalty provided for a violation of Penal Code section 245, subdivision (a), is “state prison for six months to life.” Appellant contends that this statutorily prescribed penalty constitutes cruel or unusual punishment as a matter of law.

As our Supreme Court recently…