Bueno

People v. Bueno

Good Law
243 Cal. Rptr. 3d 740·32 Cal. App. 5th 342
Court of Appeal of CaliforniaFebruary 19, 2019F074946California3,606 words

Opinion

Lead Opinion

Snauffer, J.

*344 INTRODUCTION

Appellant, Vanessa Bueno, was driving while intoxicated and lost control of her vehicle resulting in a single vehicle roll-over accident. Bueno's eight-year-old son was ejected from the vehicle and died. Additionally, her *345 teenage daughter was injured and required medical attention. Bueno pled no contest to gross vehicular manslaughter *742 while intoxicated (count 1; Pen. Code, § 191.5, subd. (a) 1 ); driving under the influence causing injury (count 2; Veh. Code, § 23153, subd. (a) ); driving with a blood alcohol content of .08 or more causing injury (count 3; Veh. Code, § 23153, subd. (b) ); and two counts of felony child endangerment for endangering her son (count 4; § 273a, subd. (a)) and daughter (count 5; § 273a, subd. (a)). Bueno admitted great bodily injury allegations to counts 2 through 4 (§ 12022.7, subd. (a)); and multiple victim allegations and .15% or higher blood alcohol content allegations as to counts 2 and 3 ( Veh. Code, §§ 23558, 23578 ). Bueno was sentenced to a determinate prison term of 11 years, four months.

Bueno presents four claims on appeal. First, she contends that she never waived her right to be sentenced by the judge who took…

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