P. v. Brady
Filed 3/29/06 P. v. Brady CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. RANDALL KERRY BRADY, Defendant and Appellant. | E038058 (Super.Ct.No. SWF008691) OPINION |
APPEAL from the Superior Court of Riverside County. James T. Warren, Judge. Affirmed.
Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Rhonda Cartwright-Ladendorf, Supervising Deputy Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
Defendant and appellant Randall Kerry Brady (appellant) alleges that the trial court erroneously imposed the upper term for his drunk driving offenses in violation of his Sixth Amendment right to a jury trial. We disagree and will affirm the judgment.
FACTS AND PROCEDURAL HISTORY
On August 6, 2004, appellant, who was intoxicated, pulled onto State Highway 74 in front of a motorcycle. The motorcycle struck appellant's vehicle and the driver was killed. Appellant did not stop at the scene. About three hours later, he was arrested at his brother's house. At the time of his arrest, appellant's blood alcohol was 0.21 percent.
In a plea bargain on February 18, 2005, appellant admitted four felony counts: vehicular manslaughter (Pen. Code,[1] § 192, subd. (c)(3), count 1); hit and run from an accident resulting in death (Veh. Code, § 20001, subd. (a), count 2); driving under the influence (DUI) causing great bodily injury (Veh. Code, § 23153 subd. (a), count 3); and driving with a blood alcohol of greater than 0.08 percent (Veh. Code, § 23153, subd. (b), count 4). As to counts 3 and 4, appellant admitted four allegations of personal infliction of great bodily injury (§§ 12022.7, subd. (a) and 1192.7, subd. (c)(8)). Appellant signed a felony plea form indicating his understanding that his custody term would not be more than seven years and eight months, and orally confirmed his signatures to the court.
In taking appellant's plea, the court asked if he understood that â€
