P. v. McLane
Filed 8/15/06 P. v. McLane 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Tehama)
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THE PEOPLE, Plaintiff and Respondent, v. BARNEY WILSEY MCLANE, Defendant and Appellant. | C050165
(Super. Ct. No. NCR64393)
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A jury convicted defendant Barney Wilsey McLane of cultivation of marijuana (Health & Saf. Code, § 11358; count I) and transportation of marijuana (Health & Saf. Code, § 11360, subd. (a); count II). The jury found true two strike allegations (Pen. Code, §§ 667, subds. (b)-(i), 1170.12; further undesignated statutory references are to the Penal Code) and six prior prison term allegations (§ 667.5, subd. (b).) The court denied defendant's request to dismiss a strike allegation and granted his alternative request to dismiss the prison term allegations. He was sentenced on count II to state prison for 25 years to life. On count I, an identical sentence was imposed and â€