Stuart

Defendant Temple Lee Stuart argues we should reverse the trial court’s judgment and remand her case for further proceedings because the court abused its discretion in finding she did not overcome the statutory bar to probation consideration. She also makes a renewed request for release pending appeal. We affirm the judgment and deny defendant’s request for release.

BACKGROUND

Defendant was initially indicted for the murder of her mother Isabel Stuart. She pled guilty in September 2006 to the lesser included offense of voluntary manslaughter (Pen. Code, § 192, subd. (a)) and admitted an allegation that she was presumptively ineligible for probation (Pen. Code, § 1203, subd. (e)(3)), as charged in a complaint filed that same day. She also waived the sentencing rights afforded to her in Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403 , 124 S.Ct. 2531 ], and left sentencing to the court’s discretion. The indictment was dismissed.

Defendant was an assistant harbormaster at a Sausalito yacht club, without a prior criminal record, and 59 years old at the time of sentencing. At the sentencing hearing, she acknowledged she placed a pillow over her elderly mother’s…