California Court of Appeal June 25, 1998, G021616 (People v. Aubrey)

Opinion

WALLIN, Acting P. J.

In this case we consider whether the imposition of a Penal Code section 667, subdivision (a)

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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.