[DOWNLOAD] "People v. Mcelrath" by Fourth Appellate District, Division One Court of Appeal of California ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Mcelrath
- Author : Fourth Appellate District, Division One Court of Appeal of California
- Release Date : January 02, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Appellant, Charles Ray Mack, was convicted by jury verdict of daytime residential burglary and an allegation that he had previously been convicted of robbery was found to be true. Probation was denied and appellant was sentenced to the median base term of two years, plus the consecutive term of five years for the prior serious felony conviction, for a total term of seven years. Appellant appeals contending: (1) that the trial court committed prejudicial error in failing to weigh probative value against prejudicial effect in its determination to allow evidence of appellants prior robbery conviction for impeachment purposes; (2) that the five-year enhancement sentence pursuant to Penal Code section 667, subdivision (a) must be reduced to two years to conform to the "double the base term" limitation of Penal Code section 1170.1, subdivision (g); and (3) that the case should be remanded to the trial court with directions to consider exercising its Penal Code section 1385 discretion to strike or stay sentence on the prior felony conviction. For the reasons set forth hereinafter, we find each of appellants contentions to be without merit and affirm the judgment of the trial court.
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