People v. Hendrix CA3

FACTS AND HISTORY OF THE PROCEEDINGS

On February 16, 2022, defendant was driving his car at about 80 miles per hour when he crashed into another car, killing the driver. A subsequent blood test revealed

1 methamphetamine in defendant’s blood. The People charged defendant with gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)). The People alleged this was defendant’s third strike offense (Pen. Code, §§ 667, subds. (b)-(j), 1170.12), and alleged he had a prior serious felony conviction (Pen. Code, § 667, subd. (a)(1)). Defendant pleaded no contest to the felony charge, admitted he was previously convicted of a strike offense, and agreed to be sentenced to the upper term of 10 years, doubled for the prior strike. In exchange for his plea, the People moved to strike the remaining allegations. The trial court struck the remaining allegations and sentenced defendant to the stipulated term of 20 years in state prison. The court ordered defendant to pay mandatory fines and fees, as well as restitution. The court also awarded defendant 1,249 days of custody credit. Defendant appeals from the judgment without a certificate of probable cause. While his appeal…