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Name: People v. Byrd
Case #: C036033
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/20/2001
Subsequent History: Rev. den. 9/19/01

In a case arising under the Three Strikes Law, appellant was sentenced to a determinate term of 115 years, plus an indeterminate term of 444 years to life. The appellate court here rejected appellant’s claim that the sentence violated the constitutional ban on cruel and/or unusual punishment. Given the fact that appellant committed 12 armed robberies, permanently disabling one of the victims, and had three prior robbery convictions, the sentence was not disproportionate. “Respectfully disagreeing” with Justice Mosk, in his concurring opinion in People v. DeLoza (1998) 18 Cal. 4th 585, the court here held that it was immaterial that the defendant could not serve his sentence during his lifetime.