P. v. Averhart
Wes David Averhart entered a negotiated guilty plea to voluntary manslaughter (Pen. Code,[1] 192, subd. (a))[2]and admitted he committed the offense in association with a criminal street gang within the meaning of section 186.22, subdivision (b)(1) and personally used a firearm within the meaning of section 12022.5, subdivision (a)(1). Under the plea bargain, which called for a stipulated sentence of 31 years in prison, the prosecution agreed to dismiss the balance of the information, which included four counts of assault with a firearm, each of which included gang and personal firearm use allegations, and one count of conspiracy.
Averhart appeals, contending the sentence violated the principles set forth in People v. French (2008) 43 Cal.4th 36 (French).
As so modified, the judgment is affirmed.
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