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PEOPLE v. MURPHY

No. C045738.

21 Cal.Rptr.3d 769 (2004)

124 Cal.App.4th 859

The PEOPLE, Plaintiff and Respondent, v. Glenn Albert MURPHY, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied March 2, 2005.

Attorney(s) appearing for the Case

Meredith J. Watts, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, David A. Rhodes, Supervising Deputy Attorney General, Clayton S. Tanaka, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

ROBIE, J.

Defendant Glenn Albert Murphy appeals his conviction for possessing methamphetamine for sale. He contends the court abused its discretion in denying his Romero1 motion to dismiss a prior strike conviction, in part because his 11-year prison term constitutes cruel and unusual punishment under the state and federal Constitutions and violates constitutional...

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