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California Court of Appeal


People v. Rushing, C054676

Sentence of 27 years to life in prison for failure to register as a sex offender following a change of address and for failure to file a change of address is affirmed over claims of error that: 1) a sentence of 25 years to life violated the cruel and/or unusual punishment prohibitions of the federal and state constitutions as well as their double jeopardy provisions; and 2) the trial court erred in refusing to strike defendant's prior strikes under People v. Superior Court (Romero)(1996).

Appellate Information

  • Decided 11/17/2008
  • Published 11/17/2008

Judges

  • SIMS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Patricia J. Ulibarri, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, and Michael P. Farrell, Assistant Attorneys General and Julie A. Hokans, Supervising Deputy Attorney General, for Plaintiff and Respondent.
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