McCutcheon

People v. McCutcheon

Good Law
187 Cal. App. 3d 552·1986 Cal. App. LEXIS 2273·232 Cal. Rptr. 159
Court of Appeal of CaliforniaNovember 6, 1986No. B011856California2,960 words

Opinion

Lead Opinion

Stone, J.

Donald Edward McCutcheon appeals from judgment of conviction by guilty plea and resultant 10-year prison sentence. He contends *555 the trial court erred in denying his motion to strike a prior offense and for adding a five-year sentence enhancement (Pen. Code, § 667), for failing to exercise its discretion to strike his prior convictions at sentencing, and for failing to grant sufficient conduct credits. We find no error and affirm the judgment.

Discussion

I. No Error in Denying Motion to Strike Prior Conviction.

Appellant moved to strike prior offense number two which alleged that, by his plea of nolo contendere entered March 29,1982, he was convicted of burglary of a residence. Penal Code section 667 provides that, “(a) Any person convicted of a serious felony who previously has been convicted of a serious felony in this state . . . shall receive, in addition to the sentence imposed by the court for the present offense, a five-year enhancement for each such prior conviction on charges brought and tried separately. The terms of the present offense and each enhancement shall run consecutively. ” 2 Section 667, subdivision (d), incorporates by reference the list of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.