P. v. Broussard













Filed 10/13/10
P. v. Broussard CA5











NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT


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THE PEOPLE, Plaintiff and Respondent, v. JIMMY BLAKE BROUSSARD, Defendant and Appellant.

F059036 (Super. Ct. No. BF120651B) O P I N I O N

THE COURT^*

APPEAL from
a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge.

John F.
Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G.
Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Michael P. Farrell, Assistant Attorney General, Charles A. French and
Robert C. Nash, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

Pursuant to
a plea agreement, appellant, Jimmy Blake Broussard, pled no contest to one
count of voluntary manslaughter (Pen.
Code, § 192, subd. (a)).^[1] The court imposed the 11-year upper
term. Appellant did not request, and the
court did not issue, a certificate of probable cause (§ 1237.5).

On appeal,
appellant's sole contention is that the court abused its discretion in imposing
the upper term. We will affirm.

FACTUAL BACKGROUND

The Instant Offense

Charles Clayborn testified at
the preliminary hearing that on
September 15, 2007 (September 15), he got a ride from Mark Chatman, who picked
him up at his residence.^[2] Appellant was in the front passenger seat and
another man, later identified as the victim, Douglas Childers, was in back
seat. Childers smelled of alcohol and
appeared to be â€