Colleen Broglia v. Molly Hill

Good Law
United States District Court, Central District of CaliforniaOctober 17, 20192:19-cv-03351California1,771 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

COLLEEN BROGLIA, Case No. CV 19-03351-DFM Petitioner, MEMORANDUM OPINION AND

ORDER

V. MOLLY HILL, Warden, Respondent.

I BACKGROUND

A. State Court Proceedings In 2010, Petitioner Colleen Broglia (“Petitioner”) pleaded guilty to gross vehicular manslaughter and was sentenced to eighteen years in state prison. See Dkt. 1 (“Petition”) at 2; see also Lodged Document (“LD”) 1 (abstract of judgment). Of relevance here, the trial court applied a six-year sentencing enhancement for causing great bodily injury under Penal Code § 12022.7 to Petitioner’s conviction of gross vehicular manslaughter. See LD 1.!

' Section 12022.7(a) provides: “Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.”

On November 20, 2017, Petitioner filed in Los Angeles County Superior Court a petition for writ of habeas corpus, arguing that the sentencing enhancement under § 12022.7 was…

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