Weaver

People v. Weaver

Bad Law
149 Cal. App. 4th 1301·2007 Cal. App. LEXIS 607·2007 Daily Journal DAR 5427·58 Cal. Rptr. 3d 18·2007 Cal. Daily Op. Serv. 4313
Court of Appeal of CaliforniaApril 9, 2007D047993California12,956 words

Opinion

Opinion

McDONALD, J.

Megan Elizabeth Weaver appeals a judgment entered following her guilty plea to one count of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) and her admission of the truth of an allegation she personally inflicted great bodily injury on another person in the commission of that offense (§ 12022.7, subd. (a)). On appeal, Weaver contends the trial court erred by (1) denying her request for probation; (2) imposing the middle six-year term for her section 191.5, subdivision (a) offense; and (3) imposing a consecutive three-year enhancement under section 12022.7, subdivision (a). She also contends: (1) her conviction of only one offense precludes a court from considering it as two prior serious felony convictions within the meaning of section 1192.7, subdivision (c)(8) and the three strikes law (§ 667, subds. (b)-(i)); and (2) the victim restitution fine imposed by the trial court must be offset by the amount paid by her insurance company.

FACTUAL AND PROCEDURAL BACKGROUND

On August 19, 2004, Weaver graduated from San Diego State University. Celebrating her graduation with friends (including Jaylin Ruiz), Weaver consumed several shots of alcohol…

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