People v. McCaw

Opinion

KRIEGLER, J.—

In 1999, defendant Michael Garrett McCaw entered into a plea bargain in New York in which he pleaded guilty to attempted third degree robbery. In 2011, defendant was convicted of attempted manslaughter in California. The trial court found that defendant’s 1999 New York conviction for attempted third degree robbery qualified as a serious felony and a strike under California law, and enhanced defendant’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…