Cortez

Mierejildo Cortez appeals from the judgment entered following his conviction by jury of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)), with court findings that he suffered two prior felony convictions. (Pen. Code, §§ 667, subd. (d), 1170.12, subd. (a)(1).) He was sentenced to prison for 25 years to life.

In this case, we hold there is insufficient evidence that Cortez’s 1992 conviction for discharging a firearm from a motor vehicle was a prior felony conviction for purposes of the “Three Strikes” law; therefore, we will remand the matter for a limited new trial on the prior felony conviction allegation. Because the issue may arise following remand, we also hold that the sentence of 25 years to life pursuant to the Three Strikes law did not violate constitutional prohibitions against cruel or unusual punishment.

Factual Summary

Viewed in accordance with the usual rules on appeal (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence, the sufficiency of which as to the substantive offense is not in dispute, established that on September 20, 1996, Los Angeles police officers observed Cortez, a felon,…