People v. George CA2/2

Filed 7/7/14 P. v. George CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B249680

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA071607) v.

TOMMY S. GEORGE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. David B. Gelfound, Judge. Affirmed.

A. William Bartz, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Linda C. Johnson and William N. Frank, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

Tommy S. George (George) was convicted of committing a lewd act upon a child. (Pen. Code, § 288, subd. (a).)1 The trial court found, within the meaning of section 667.61, subdivisions (a) and (b), that George had suffered a prior conviction for the same offense. (§ 288, subd. (a).) Also, it found that he had suffered one prior serious or violent conviction under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and a prior conviction of a serious felony within the meaning of section 667, subdivision (a)(1). He was sentenced to 55 years to life in state prison, calculated as follows: 25 years to life for the conviction as prescribed by section 667.61, subdivisions (a) and (d); an additional 25 years to life due to the doubling provisions set forth in sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d); and five years pursuant to section 667, subdivision (a)(1), to run consecutive. On appeal, George contends that his sentence is cruel and unusual punishment under the United States and California Constitutions. We find no error and affirm. FACTS Prior Criminal History In 1994, George was convicted of grand theft. From 2002 to 2009, he suffered a series of convictions for driving while intoxicated, driving with a suspended license and being intoxicated while in public. In 2006, he was convicted of possession of a controlled substance (methamphetamine) in violation of Health and Safety Code section 11550, subdivision (a). He was convicted of grand theft from person in 2007 and grand theft in 2008. In 2010, he was convicted of committing a lewd act on a child in violation of section 288, subdivision (a).2