People v. Winslow

In People v. Winslow (1995) 40 Cal.App.4th 680, the defendant was convicted of residential burglary and, as such, was presumptively ineligible for probation, absent unusual circumstances. ( 462, subd. (a).) The defendant had also suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1). The court stated: "While a first time residential burglar may be eligible for probation if the case is 'unusual,' a defendant convicted of residential burglary who is found to have suffered a prior 'serious felony' must be sentenced to state prison. Any other disposition would do violence to the letter and spirit of section 667, subdivision (a)(1)." (Winslow, at pp. 689-690.)