Blount

People v. Blount

Bad Law
175 Cal. App. 4th 992·2009 Cal. App. LEXIS 1145·96 Cal. Rptr. 3d 684
Court of Appeal of CaliforniaJuly 14, 2009D052147California2,658 words

Opinion

Opinion

Irion, J.

Trevesia Michelle Blount pleaded guilty to one count of felony child neglect (Pen. Code, § 273a, subd. (a)) and admitted an allegation that she personally inflicted great bodily injury on a child under the age of five years in the commission of a felony or attempted felony (§ 12022.7, subd. (d)). As part of the plea, the district attorney dismissed a number of charges, including a first degree murder charge, and agreed to a stipulated sentence of 12 years in prison. The trial court imposed the stipulated sentence.

After Blount’s boyfriend and codefendant, Rodney Jeffcoat, was acquitted of the more serious charges against him at trial and was sentenced to less than six years in prison, Blount moved to recall her sentence. (See People v. Jeffcoat (Jan. 14, 2009, D052250) [nonpub. opn.] (Jeffcoat) ; § 1170.) The trial court held a hearing on the motion. At the conclusion of the hearing, the court concluded that it did not have the authority to alter the terms of the parties’ plea bargain and impose something less than the stipulated 12-year sentence. Consequently, the court left Blount’s sentence unchanged.

Blount appeals. She contends that the trial court had the…

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