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PEOPLE v. McGLOTHIN

No. A082166.

79 Cal.Rptr.2d 83 (1998)

67 Cal.App.4th 468

The PEOPLE, Plaintiff and Appellant, v. Michael John McGLOTHIN, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

October 26, 1998.

Attorney(s) appearing for the Case

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Christopher W. Grove, Deputy Attorney General, for Plaintiff and Appellant.

Marcia C. Levine, under appointment by the Court of Appeal, Truckee, for Defendant and Respondent.

CORRIGAN, Acting Presiding Justice.

Here we reverse an order of the trial court striking a serious felony prior, because the court ignored the Three Strikes sentencing scheme articulated by the Legislature and substituted its own private view of an appropriate sentence. In doing so, the court failed to follow sentencing guidelines set out in the California Rules of Court and in case law. The court also ignored its own conclusions about the crimes themselves and the...

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