Filed41212P.v.ClevelandCA41NOTTOBE.docVIP

Filed 4/12/12 P. v. Cleveland CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. TONY CLEVELAND, Defendant and Appellant. D058585 (Super. Ct. No. FSB80340) APPEAL from a judgment of the Superior Court of San Bernardino County, Cara D. Hutson, Judge. Affirmed. A jury convicted Tony Cleveland of possession of a firearm by a felon. (Pen. Code, § 12021, subd. (a)(1).) Subsequently, the jury also found Cleveland had three prior strike convictions within the meaning of sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i). The three prior strike convictions were for residential burglary in 1998 (§ 459), making terrorist threats in 1999 (§ 422); and assault with a firearm in 1999 (§ 245, subd. (a)(2)). The jury also found true the allegation Cleveland served a prior prison term for his 2004 conviction for possession of a narcotic. (§ 667.5.) The court sentenced Cleveland to prison for a term of 25 years to life under the Three Strikes law (§ 667, subds. (b)-(i)). Cleveland appeals, contending his sentence is cruel and unusual punishment and violates the California and United States Constitutions. We affirm. FACTS Shortly after midnight on August 15, 2008, Officers Joshua Simpson and Christopher Gray of the San Bernardino Police Department were in a marked police car patrolling an area the officers knew to be California Gardens Crip Gang territory in San Bernardino. The officers noticed a car with its headlights on, about half-way down the block, stopped in front of a residence at 2004 West Magnolia Avenue. As