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PEOPLE v. AUBREY

No. G021616.

76 Cal.Rptr.2d 378 (1998)

65 Cal.App.4th 279

The PEOPLE, Plaintiff and Respondent, v. Timothy Joel AUBREY, Defendant and Appellant.

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

June 25, 1998.

Attorney(s) appearing for the Case

Patricia A. Andreoni, Sylmar, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster and David Delgado-Rucci, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WALLIN, Acting Presiding Justice.

In this case we consider whether the imposition of a Penal Code section 667, subdivision (a)1 enhancement for a prior serious felony conviction deprives a trial court of its discretion to grant probation to a defendant who is otherwise eligible for probation. We conclude it does not and reverse.

Timothy Joel Aubrey pleaded guilty...

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