People v. McGinnis

Opinion

RUVOLO, J.

I

Introduction

Appellant Marcus Geroy McGinnis pleaded nolo contendere to residential burglary (Pen. Code, § 459) and trespass (Pen. Code, § 602, subd. (Z)). He was sentenced to a total term of six years in state prison. On appeal, he contends that the trial court erred by failing to refer him for an evaluation to determine if he should be confined at the California Rehabilitation Center (CRC) pursuant to Welfare and Institutions Code section 3051. We agree that the trial court abused its discretion in failing to order the evaluation, and therefore vacate the sentence.

II

Facts…