PEOPLE v. GAYTON

Nos. G034527, G035629.

40 Cal.Rptr.3d 40 (2006)

137 Cal.App.4th 96

The PEOPLE, Plaintiff and Respondent, v. Gregory Robert GAYTON, Defendant and Appellant. In re Gregory Robert Gayton on Habeas Corpus.

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

February 28, 2006.


Attorney(s) appearing for the Case

Jennifer A. Gambale, under appointment by the Court of Appeal, Irvine, for Defendant, Appellant and Petitioner.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott T. Taylor, Daniel Rogers and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BEDSWORTH, Acting P.J.

Occasionally, we see a case that "fell through a crack." This case fell through a chasm. And no one, not the trial attorney, not the prosecutor, not the court — and certainly not the probation officer — can escape some degree of responsibility for the existence of that chasm. When the issue is whether a defendant goes to prison for seven years or to a drug rehabilitation program, someone should be paying attention...

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