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P. v. McQuary CA4/2
Defendant and appellant, Christopher Allen McQuary, filed a petition pursuant to Penal Code section 1170.18, which the court denied. On appeal, defendant contends the court erred in denying his petition. We affirm.
On October 30, 2003, the People charged defendant by felony complaint with check forgery in the amount of $1,476.58 (count 1; § 470, subd. (d)) and burglary (count 2; § 459). The People additionally alleged defendant had suffered a prior prison term. (§ 667.5, subd. (b).) On June 7, 2004, defendant pled guilty to the count 1 offense. As provided in the plea agreement, the court sentenced defendant to 16 months of imprisonment and dismissed the remaining count and allegation.

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