People v. Aubrey

Opinion

WALLIN, Acting P. J.

In this case we consider whether the imposition of a Penal Code section 667, subdivision (a) 1 enhancement for a prior serious felony conviction deprives a trial court of its discretion to grant probation to a defendant who is otherwise eligible for probation. We conclude it does not and reverse.

Timothy Joel Aubrey pleaded guilty to first degree burglary after he entered a garage attached to a residence with the intent to steal. 2 He admitted a 1979 conviction for attempted robbery, making this his second strike under the “Three Strikes” law (§§ 667, subds. (b)-(i),…