People v. Statum

106 Cal.Rptr.2d 686 (2001) 88 Cal.App.4th 1181 The PEOPLE, Plaintiff and Appellant,

v.

Russell Hubert STATUM, Defendant and Respondent.

No. B142079. Court of Appeal, Second District, Division Five.

April 12, 2001. As Modified May 8, 2001. Rehearing Granted July 25, 2001. [687] Gil Garcetti, District Attorney of Los Angeles County, Patrick D. Moran and Phyllis C. Asayama, Deputy District Attorneys, for Plaintiff and Appellant.

R. Charles Johnson, Petaluma, for Defendant and Respondent.

ARMSTRONG, J.

Russell Statum pled guilty to a violation of Vehicle Code section 2800.2, subdivision (a), as a felony, and admitted six prior serious or violent felony convictions within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12 (the "three strikes" law). The trial court reduced Statum's conviction to a misdemeanor and sentenced him to one year in county jail.

The People of the State of California appeal from the sentence imposed by the trial court, contending that the court abused its discretion in reducing the conviction to a misdemeanor. We dismiss the appeal.[1]

Facts

In an information filed October 28, 1999, Statum was charged with a felony violation of Vehicle Code section 2800.2, subdivision (a). The information alleged that Statum had suffered six prior strike convictions.

On March 23, 2000, Statum pled guilty and admitted the prior conviction allegations. The trial court indicated that it was considering striking five of the six prior convictions and sentencing Statum to eight years in prison. The district attorney objected to that sentence.

On April 11, 2000, after further consideration, the court indicated that it was considering reducing Statum's violation to a misdemeanor. The district attorney again objected. The trial court indicated that it did not believe that the facts in the preliminary hearing transcript supported sentencing Statum's violation as a felony. The matter was continued.