California Court of Appeal

Conviction and sentence based on guilty plea to gross vehicular manslaughter while intoxicated, and admission of truth of allegation defendant personally inflicted great bodily injury on another person in the commission of that offense, are affirmed over claims of error regarding: 1) denial of a request for probation; 2) imposition of a middle six-year term for the vehicular manslaughter offense; 3) imposition of a consecutive three-year enhancement under Penal Code section 12022.7(a); 4) whether a conviction of only one offense precluded a court from considering it as two prior serious felony convictions under relevant law; and 5) whether a victim restitution fine imposed had to be offset by the amount paid by her insurance company.

Appellate Information

• Decided 04/09/2007
• Published 04/19/2007

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent., Patrick Morgan Ford, San Diego, CA, for Defendant and Appellant.