P. v. Ogburn
This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
Defendant Susan Elaline Ogburn was charged by information with voluntary manslaughter (count one; Pen. Code, § 192, subd. (a); undesignated statutory references are to the Penal Code) and discharging a firearm in a grossly negligent manner which could result in injury and death (count two; § 246.3). As to count one, it was alleged that defendant personally used a firearm in the commission of the offense. (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)(1).)
After originally pleading not guilty and denying the allegation, defendant entered a new plea of no contest to count one, with the remaining charge and allegation dismissed and a waiver of credit for time served up to the date of the plea change.
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