People v. Ragsdale CA5

INTRODUCTION

On February 19, 2014, defendant Gary Ragsdale waived his constitutional rights and pled no contest to allegations he committed gross vehicular manslaughter while intoxicated (upon Gary Smalz) (Pen. Code,1 § 191.5, subd. (a)) and inflicted great bodily injury (upon Laura Smalz) (§ 12022.7, subd. (a)). On May 5, 2014, the trial court denied defendant probation and sentenced him to a prison term of four years for gross vehicular manslaughter while intoxicated, a consecutive term of three years for the great bodily injury enhancement, for a total term of seven years. Defendant obtained a certificate of probable cause. On appeal, defendant contends the trial court erred in applying the great bodily injury enhancement because it is inapplicable to gross vehicular homicide, and the court erred in not striking the enhancement during sentencing. Defendant further argues the trial court erred in failing to consider probation as an option because defendant was not ineligible for probation as a matter of law under section 1203 and the trial court clearly misunderstood its sentencing discretion. Additionally, defendant contends the trial court erred during sentencing in…