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PEOPLE v. McCLURE

Docket No. A033635.

191 Cal.App.3d 1303 (1987)

237 Cal. Rptr. 90

THE PEOPLE, Plaintiff and Respondent, v. RICHARD DALE McCLURE, Defendant and Appellant.

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

May 15, 1987.

Attorney(s) appearing for the Case

COUNSEL

Ross Thomas, under appointment by the Court of Appeal, for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, and Robert R. Granucci, Deputy Attorney General, for Defendant and Respondent.

[Opinion certified for partial publication.*]

OPINION

RACANELLI, P.J.

In this appeal the principal question presented is whether the trial court had a duty upon a remand for resentencing to obtain a current or supplemental probation report notwithstanding defendant's ineligibility for probation. We determine that no duty existed and affirm the judgment.

FACTS

Defendant was convicted...

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