P. v. Faux
On December 15, 2010, appellant, Bruce David Faux, was charged in a first amended complaint with murder (Pen. Code, § 187, subd. (a), count 1),[1] gross vehicular manslaughter while driving under the influence of alcohol (§ 191.5, subd. (a), count 2), driving under the influence of alcohol with a prior conviction for the same offense (Veh. Code, § 23153, subd. (a), count 3), and driving with a blood alcohol level of .08 percent or greater with a prior conviction for being under the influence of alcohol while driving (Veh. Code, § 23153, subd. (b), count 4). There were also two great bodily injury enhancements alleged pursuant to section 12022.7, subdivision (a) and a multiple victim bodily injury allegation pursuant to Vehicle Code section 23558.
On August 19, 2011, appellant entered into a plea agreement in which he would admit counts 2 and 3, as well as one great bodily injury allegation. In exchange for appellant’s plea, he would receive a stipulated sentence of 13 years 8 months and the remaining allegations would be dismissed.[2] The court determined from appellant that he had initialed and executed a felony advisement of rights and change of plea form, that he had discussed his rights with his counsel, and that he understood his rights. The court advised appellant of, and appellant waived, his Miranda[3] rights.
The trial court advised appellant of the consequences of his plea and the parties stipulated to a factual basis for the plea based on the highway patrol report. Appellant pled no contest to counts 2 and 3 and admitted one great bodily injury enhancement. On September 30, 2011, the trial court sentenced appellant to prison for the previously stipulated term of 13 years 8 months. The court granted total custody credits of 336 days and imposed various fines and fees. Appellant filed a timely notice of appeal but did not obtain a certificate of probable cause.
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