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PEOPLE v. McGINNIS

No. A088732.

105 Cal.Rptr.2d 1 (2001)

87 Cal.App.4th 592

The PEOPLE, Plaintiff and Respondent, v. Marcus Geroy McGINNIS, Defendant and Appellant.

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

February 5, 2001.

Attorney(s) appearing for the Case

Joseph Baxter, Santa Rosa, First District Appellate Project, for Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Matthew P. Boyle, Deputy Attorney General, for Respondent.

RUVOLO, J.

I.

Introduction

Appellant Marcus Geroy McGinnis pleaded nolo contendere to residential burglary (Pen.Code, § 459) and trespass (Pen. Code, § 602, subd. (l)). He was sentenced to a total term of six years in state prison. On appeal, he contends that the trial court erred by failing to refer him for an evaluation to determine if he should be confined at the California Rehabilitation Center (CRC...

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