P. v. McCaw CA2/5
In 1999, defendant Michael G. McCaw entered into a plea bargain in New York in which he pleaded guilty to attempted third degree robbery. In 2011, McCaw was convicted of attempted manslaughter in California. The trial court found that McCaw’s 1999 New York conviction for attempted third degree robbery qualified as a serious felony and a strike under California law, and enhanced McCaw’s sentence accordingly. We have twice reversed the recidivism findings. In a third trial of the recidivism allegations, the court determined that the plea colloquy in connection with the New York conviction demonstrated the New York offense qualified as a serious felony and strike under California law.
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