P. v. McLarney CA4/1
APPEAL from a judgment of the Superior Court of San Diego County, Laura W. Halgren, Judge. Sentence modified and case remanded with directions.
Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.
Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent.
Ryan P. McLarney pleaded guilty to violating a domestic restraining order with a previous conviction within seven years (Pen. Code, § 166, subds. (c)(1) & (4)). He admitted three prison priors (§ 667.5, subd. (b)). As part of the agreement, the prosecutor agreed to dismiss the alleged strike prior (§ 667, subds.(b)-(i)) and to not oppose local time as a condition of probation with 365 days in local custody.
McLarney failed to appear for sentencing. When he was later brought to court, the trial judge denied probation and sentenced Mc
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