P. v. Brown
A jury found defendant and appellant Alan Leonard Brown guilty of second degree murder (Pen. Code, 187, subd. (a),[1]count 1), driving under the influence causing bodily injury (Veh. Code, 23153, subd. (a), count 2) and driving with a blood alcohol content of .08 percent or greater causing bodily injury. (Veh. Code, 23153, subd. (b), count 3.) Defendant pled guilty to the misdemeanor of driving with a suspended license. (Veh. Code, 14601.2, subd. (a), count 4.) The jury also found true the enhancement allegations on counts 2 and 3 that defendant personally inflicted great bodily injury on two victims. ( 12022.7, subd. (a), 1192.7, subd. (c)(8).) The trial court sentenced defendant to a total term in state prison of 23 years, including 15 years to life on count 1, the consecutive term of two years on count 2, plus a consecutive three years for each of the two great bodily injury enhancements. The court imposed a concurrent term of six months on count 4, and stayed the sentence and enhancements on count 3.
On appeal, defendant contends that: 1) the trial court erred in denying his motion in limine to suppress statements he made to a police officer at the scene of the accident; and 2) his Sixth Amendment right to a jury trial, as defined in Blakelyv. Washington (2004) 542 U.S. 296 (Blakely), Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi), and Cunningham v. California (2007) U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham), was violated when the trial court imposed consecutive sentences. Court disagree and affirm.
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