P. v. Ferrel
Pursuant to a plea agreement, defendant pleaded guilty to two counts of gross vehicular manslaughter while intoxicated, one count of driving while under the influence causing injury, and one count of driving with a 0.08 percent blood alcohol causing injury. As to one of the manslaughter counts, defendant also admitted a multiple victim enhancement allegation. In exchange, the parties agreed the remaining charge of possession of a controlled substance would be dismissed, and defendant would be sentenced to a maximum term of 14 years in state prison.
On appeal, defendant contends (1) the trial court erred in imposing the sentence of 14 years 4 months when the maximum term specified in the plea agreement was 14 years; and (2) defendant was deprived of his federal and state constitutional rights to a jury trial and due process when the trial court imposed the upper term on count 1. Court agreed with the parties that the matter should be remanded to allow the trial court to sentence defendant in accordance with the plea agreement. Court rejected defendant's remaining contention.
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