Statum

People v. Statum

Good Law
106 Cal. Rptr. 2d 686·88 Cal. App. 4th 1181
Court of Appeal of CaliforniaJuly 25, 2001B142079California1,269 words

Opinion

Opinion

Russell Statum pled guilty to a violation of Vehicle Code section 2800.2, subdivision (a), as a felony, and admitted six prior serious or violent felony convictions within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12 (the "three strikes" law). The trial court reduced Statum's conviction to a misdemeanor and sentenced him to one year in county jail.

The People of the State of California appeal from the sentence imposed by the trial court, contending that the court abused its discretion in reducing the conviction to a misdemeanor. We dismiss the appeal. [1]

In an information filed October 28, 1999, Statum was charged with a felony violation of Vehicle Code section 2800.2, subdivision (a). The information alleged that Statum had suffered six prior strike convictions.

On March 23, 2000, Statum pled guilty and admitted the prior conviction allegations. The trial court indicated that it was considering striking five of the six prior convictions and sentencing Statum to eight years in prison. The district attorney objected to that sentence.

On April 11, 2000, after further consideration, the court indicated that it was considering…

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