P.
P. v. McCarty CA1/5
Opinion
Opinion
Bruiniers, J.
Filed 3/29/13 P. v. McCarty CA1/
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
THE PEOPLE,
Plaintiff and Respondent,
A135608
v. KENNETH LEE MCCARTY, (Lake County Super. Ct. Nos. CR5321, CR5278, Defendant and Appellant. CR5313)
In 2002, appellant Kenneth Lee McCarty was sentenced to serve 23 years and eight months in state prison upon his guilty plea to first degree burglary (Pen. Code, § 459),1 possession of a controlled substance for sale (Health & Saf. Code, § 11378), and defrauding an innkeeper (§ 537, subd. (a)(2)). While in prison, McCarty was diagnosed with multiple sclerosis. In 2012, the Office of the Secretary of the California Department of Corrections and Rehabilitation (CDCR) recommended that the…