Cornett

Because of complexities inherent in the sentencing rules and the rules pertaining to presentence custody credits following adoption of the Determinate Sentencing Act, we are called upon to review the sentence imposed upon defendant, Rodney Cornett, following his plea of guilty to voluntary manslaughter (Pen. Code, § 192, subd. 1) with personal use of a deadly weapon, a knife (Pen. Code, § 12022, subd. (b)) and robbery (Pen. Code, § 211).

Factual and Procedural Statement

On August 26, 1983, defendant was arrested by the California Highway Patrol (CHP) in Madera County for drunk driving. At the time of his arrest, defendant was in possession of a wallet belonging to Delbert Perry Weaverling and was also driving Mr. Weaverling’s car. Defendant advised the CHP that he had stabbed Weaverling and left him in a fruit orchard along Highway 99.

Defendant related that he had left Las Vegas, Nevada the previous day and had hitchhiked to Bakersfield, California by the early morning hours of August 26, 1983. In Bakersfield, defendant was picked up by Weaverling, and the two continued traveling on Highway 99. Weaverling stopped at a liquor store in Bakersfield and again in Visalia…