P. v. McClendon
Filed 8/21/06 P. v. McClendon CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. JAMES O'NEILL McCLENDON II, Defendant and Appellant. | C051146
(Super. Ct. No. 03F10928)
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Defendant James O'Neill McClendon II entered a negotiated plea of no contest to four counts of committing a forcible lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (b)(1))[1] in exchange for a stipulated 32-year sentence. The trial court sentenced defendant in accordance with his plea to 32 years in state prison, consisting of the upper term of eight years for each count, to be served consecutively, and dismissed 56 remaining counts. Defendant was awarded 770 days credit (670 actual days and 100 good conduct) (§ 2933.1, subd. (c)) and ordered to pay a $6,400 restitution fine (§ 1202.4, subd. (b)), a $6,400 parole revocation fine (§ 1202.45), victim â€
