Thompson

People v. Thompson

Good Law
103 Cal. Rptr. 3d 242·180 Cal. App. 4th 974·2009 Cal. App. LEXIS 2091
Court of Appeal of CaliforniaDecember 29, 2009D054037California1,049 words

Opinion

Opinion

Huffman, J.

Michelle Renee Thompson entered a negotiated guilty plea to gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) and driving under the influence of alcohol or drugs causing injury (Veh. Code, § 23153, subd. (a)). Thompson also admitted she had a prior serious/violent felony or strike conviction (§ 667, subds. (b)-(i)) and a prior serious felony conviction (§ 667, subd. (a)(1)). In exchange for the guilty plea, the prosecution dropped the remaining charges. The trial court orally pronounced Thompson’s sentence as 27 years eight months in prison, but the minute order and the abstract of judgment in the clerk’s transcript indicated the sentence is 26 years four months in prison. The plea bargain form stated that the maximum punishment Thompson could receive as a result of the plea bargain was 26 years four months in prison.

Thompson appeals, contending (1) the oral pronouncement of sentence was erroneous, and (2) it was error to impose consecutive sentences. The first contention is correct, but not the second contention.

FACTS

In January 2007, Thompson was a part-time caregiver for Roxy Conyers, a 92-year-old woman who resided in Carlsbad. On…

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