P. v. Scott
Tyler Neal Scott (defendant) killed a man in a car accident while driving drunk. He pled guilty to gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a) (Count 2))[1] and driving while intoxicated causing injury (Veh. Code, § 23153, subd. (a) (Count 3)). The court sentenced him to the upper term of 10 years in state prison on Count 2 and the midterm of two years in prison on Count 3, to run concurrently with the sentence on Count 2.
Defendant appeals. He contends the court improperly imposed the upper term on Count 2 by relying on “improper aggravating factors.†He also makes an ineffective assistance of counsel argument based on trial counsel’s failure to object to the sentence in the trial court.
We affirm.
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