Duncan

Defendant Clyde Elmo Duncan pled no contest to the gross vehicular manslaughter of James Hicks while intoxicated and admitted causing bodily injury to Chad Hembree. The remaining counts and allegations were dismissed. The court sentenced defendant to state prison for an aggregate term of 11 years. On appeal, defendant contends remand for resentencing is required because the record fails to reflect that the trial court considered the alternative of federal incarceration for Vietnam veterans. (Pen. Code, § 1170.9 (hereafter section 1170.9).) We conclude remand is not required because defendant has failed to show that section 1170.9 presents anything other than a nonexistent sentencing option.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of defendant’s offense are irrelevant. Suffice it to say that defendant, a Vietnam War veteran, drove while intoxicated and crashed his car, killing one of his passengers, and injuring another.

Following defendant’s no contest plea, defense counsel submitted a written statement in mitigation and request for sentencing pursuant to section 1170.9. Counsel argued that defendant had been “an alcoholic since shortly after returning from…