Isitt

Defendant Ralph W. Isitt, plead guilty to kidnaping for robbery with bodily harm (Pen. Code, § 209), 1 robbery in the first degree *27 (§§ 211, 211a) and assault to rob (§ 220). He was charged with and admitted being armed with (§§ 3024 and 12022) and having used (§ 12022.5) a firearm in the commission of each offense. He was sentenced to the state prison for each offense for the terms prescribed by law as augmented by the above indicated provisions relating to possession and use of a firearm. Since the offenses all involved the same victim and constituted parts of a single transaction, the trial court ordered the “Execution of sentences relative to [robbery and assault to rob] . . . suspended at this time.” (§ 654.) Defendant is thus serving a term of imprisonment for life without possibility of parole (§ 209), “augmented” by the provisions of sections 12022 and 12022.5.

On appeal, defendant challenges the constitutionality of the term of imprisonment—life without possibility of parole—imposed for kidnaping for robbery with bodily harm, contending that it constitutes cruel and unusual punishment (Cal. Const., art. I, § 6) and denies him equal protection of the law (U.…