People v. Bolf CA3

California Court of Appeal Dec 30, 2013 No. C072695Unpublished

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Holding. The trial court did not abuse its discretion in sentencing the defendant to the midterm for voluntary manslaughter, as the court properly identified aggravating factors including the victim's vulnerability and the great violence involved in the crime.

Issues

Whether the trial court relied on improper aggravating circumstances in sentencing the defendant to the midterm for voluntary manslaughter.
Whether the trial court erred in finding that the crime involved 'great violence' as an aggravating factor.
Whether the trial court erred in finding that the victim was 'particularly vulnerable' as an aggravating factor.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Violence is not necessarily an element of voluntary manslaughter, which is the unlawful killing of a human being, without malice, upon sudden quarrel or heat of passion.”

“The trial court did not err in considering these circumstances and concluding the victim was particularly vulnerable.”

Filed 12/30/13 P. v. Bolf CA3 NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C072695

v. (Super. Ct. No. CM034418)

JACQUELINE ANNE BOLF,

Defendant and Appellant.

Originally charged with murder, defendant Jacqueline Anne Bolf pleaded no contest to voluntary manslaughter, and admitted personally using a firearm in the crime. On appeal, defendant contends the trial court relied on improper aggravating circumstances in sentencing her to the midterm of six years on the manslaughter conviction. We find no error in the trial court’s conclusions that the victim was

particularly vulnerable and that the crime involved great violence. (Cal. Rules of Court, rule 4.421 (a)(1), (3).)1 We will affirm the judgment. BACKGROUND The facts are taken primarily from the probation report, which for the most part reflects what defendant told police after the crime. Deputies responded to an emergency call from defendant, who shared a home with her boyfriend (the victim). The deputies found the victim dead from a single gunshot to the upper chest. Defendant said she came home in a bad mood, told the victim she did not want to talk about it, consumed two large glasses of wine and an Ambien pill, and went to bed. The victim again asked her what was wrong and defendant again said she did not want to talk about it. The victim jumped on top of her and tried to strangle her with one hand while covering her mouth with the other. He cursed her, and she called him a “woman beater.” He hit her on the side of the head, pulled her hair and jerked her head. After two unsuccessful attempts to escape the victim, defendant freed herself, retrieved a handgun from the garage, loaded the gun, cocked back the hammer, and returned to the house. In the hallway, she saw the victim walking toward her. The victim spoke to her, but not in a threatening manner. Defendant held the gun upright as the victim approached her. When he got closer, she reached out with the gun, pressed it against the victim’s chest and pushed him away with it, yelling, “don’t ever put your hands on me again.” The victim again walked toward her, and defendant again reached out with the gun. She pressed the gun against his chest and the gun accidentally fired. Defendant told police she never intended to shoot the victim.

People v. Bolf CA3

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THE PEOPLE,

JACQUELINE ANNE BOLF,

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