P. v. MacDowell CA3
After defendant Ian Clair MacDowell pleaded guilty to gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), the trial court sentenced him to the low term of four years in state prison. On appeal, defendant contends that “denying [him] admittance to the Behavioral Health Court Program, because he lived in a neighboring county, violated his constitutional rights.” He further contends the trial court abused its discretion in denying him probation and sentencing him to state prison.
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