In Re Blessing

Good Law
129 Cal. App. 3d 1026·181 Cal. Rptr. 590·1982 Cal. App. LEXIS 1395
Court of Appeal of CaliforniaMarch 23, 1982Crim. 41635California1,270 words

Opinion

Opinion

Compton, J.

Rodney Lee Blessing petitions for a writ of habeas corpus and, in essence, asks that we reduce his aggregate term of imprisonment by the four years that resulted from his having used a firearm in the commission of consecutive subordinate offenses. We affirmed the original judgment in People v. Blessing (1979) 94 Cal.App.3d 835 [ 155 Cal.Rptr. 780 ]. Petitioner is no stranger to the ploy of seeking to retain the favorable aspects of his negotiated disposition while at the same time attempting to jettison its unfavorable aspects. (People v. Blessing, supra, p. 839, fn. 3 .) We have concluded, however, that the granting of the requested relief at this juncture would work a serious injustice to the People. Consequently we declare the parties’ rights and deny the petition. (In re Walters (1975) 15 Cal.3d 738, 744 [ 126 Cal.Rptr. 239 , 543 P.2d 607 ].)

As indicated in People v. Blessing, supra, 94 Cal.App.3d 835 , petitioner was convicted pursuant to a negotiated disposition and sentenced to state prison on May 31, 1978. The components of the sixteen-and-one-third year aggregate term are as follows:

Pursuant to this negotiated disposition, five additional counts of robbery…

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