P. v. Ramirez
Defendant appeals from the judgment entered following his plea of no contest to allegations of gross vehicular manslaughter while intoxicated, driving under the influence causing injury, and inflicting great bodily injury. He contends that imposition of an upper-term sentence violated Cunningham v. California (2007) U.S. [127 S.Ct. 856] (Cunningham) and constituted an abuse of discretion, and that enhancements for great bodily injury were improperly imposed. Court agree that the enhancements were improperly imposed, order that the judgment be modified to strike them, conclude that the Cunningham error is harmless, and affirm the judgment as modified.
Comments on P. v. Ramirez