California Court of Appeal

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THE PEOPLE v. DUNCAN, c041637

In a vehicular manslaughter case where the defendant, a Vietnam War Veteran, plead no contest, the trial court's decision not to mitigate the sentence under section 1170.9 is affirmed because there is no federal statute which authorizes the Federal Bureau of Prisons to house veterans who are serving state sentences, and who seek alternative commitment with the F.B.O.P. under California Penal Code section 1170.9.

Appellate Information

  • Decided 10/15/2003
  • Published 10/15/2003

Judges

  • ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Roberta Simon, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Matthew L. Cate, Supervising Deputy Attorney General, Jamie A. Scheidegger, Deputy Attorney General, for Plaintiff and Respondent.
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