McNeely

People v. McNeely

Good Law
1994 Cal. App. LEXIS 965·28 Cal. App. 4th 739·33 Cal. Rptr. 2d 582·94 Daily Journal DAR 13492
Court of Appeal of CaliforniaAugust 26, 1994D019418California1,264 words

Opinion

Opinion

Todd, J.

Donald R. McNeely appeals the judgment on his conviction of 10 counts of residential burglary and 1 count of failure to appear enhanced by a prior serious felony conviction, taking property worth more than $25,000 and committing crimes while on bail. (Pen. Code, §§ 459/460, 1320.5, 667, subd. (a), 12022.6, subd. (a), 12022.1.)

On September 27, 1989, McNeely entered a guilty plea in No. CR105810 to eight residential burglaries and admitted he took over $25,000 in property. While on bail pending sentencing, he committed two additional residential burglaries. He entered a guilty plea to those crimes and admitted a prior serious felony conviction and committing the crimes while on bail. The court sentenced him to serve twenty years in prison: the two-year lower term for one residential burglary with nine consecutive one-year four-month terms on the remaining residential burglary convictions (one-third the middle term), and eight months for failure to appear (one-third the middle term) enhanced by five years for the prior serious felony conviction, one year for taking over $25,000 worth of property, and concurrent two-year terms for committing a crime while on bail. It stayed…

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