P. v. Ramirez
Defendant Jose Angel Ramirez pleaded guilty to one count of vehicular manslaughter (count 2: Pen. Code,[1] 192, subd. (c)(1)) and admitted the truth of an allegation that he personally inflicted great bodily injury on the victim ( 1192.7, subd. (c)(8)). In executing his change of plea form, Ramirez initialed a "Blakely Waiver."[2] During sentencing, the court found that (1) when Ramirez's car hit the victim's motorcycle, Ramirez was driving at an unsafe speed, and he was distracted in that he was being pursued by Border Patrol agents; and (2) the victim was "particularly vulnerable." Based on these findings, the court sentenced Ramirez to the upper term of six years.
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