People v. Burkett CA1/3

DISCUSSION

Appellant raises three primary arguments on appeal – to wit, that the prosecution failed its burden to prove (1) that his vehicular manslaughter conviction involved the personal infliction of great bodily harm or (2) that the victim of his crime was not his accomplice, and (3) that the trial court’s summary denial of his petition for resentencing denied him due process of law. Based upon these purported errors, appellant asks this court to remand his case to the trial court with the instruction that, unless the prosecution can prove beyond a reasonable doubt that his vehicular manslaughter conviction qualifies as a strike offense, it must reconsider (and more closely consider) his petition for resentencing. The People dispute each of these arguments. For reasons discussed below, we agree with the People there are no grounds on this record for ordering remand on appellant’s petition for resentencing.

I. Appellant’s Offense.

Appellant entered a plea of no contest to a violation of section 192, subdivision (c)(3), and thereby admitted having “unlawfully and without gross negligence cause[d] the death of [the victim] while driving a vehicle in violation of Vehicle…