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PEOPLE v. SERNA

Docket No. 25153.

44 Cal.App.3d 717 (1975)

118 Cal. Rptr. 904

THE PEOPLE, Plaintiff and Respondent, v. TOMAS RICO SERNA et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Two.

January 20, 1975.

Attorney(s) appearing for the Case

COUNSEL

Roy Dankman and Richard H. Levin, under appointments by the Court of Appeal, for Defendants and Appellants.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Edward T. Fogel, Jr., and Anthony D. Blankley, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FLEMING, J.

Jose Tapia and Tomas Rico Serna pleaded guilty to sale of heroin. (Health & Saf. Code, § 11352.) They appeal the judgments, contending their sentences (imprisonment for five years to life with ineligibility for parole for three years) constitute cruel or unusual punishment within the meaning of the California Constitution, article I, section 6.

The preliminary hearing disclosed that on 13 March...

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