People v. Valentine CA5

California Court of Appeal Apr 26, 2016 No. F069751Unpublished

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Holding. The court held that the defendant forfeited his challenge to the trial court's sentencing choices by failing to object at the trial level, and alternatively, that the trial court did not abuse its discretion in using factors exceeding the minimum elements of the crime to impose an aggravated term.

Issues

Whether the defendant forfeited his challenge to the trial court's reliance on specific aggravating factors by failing to object at sentencing.
Whether the trial court abused its discretion by using the defendant's elevated blood alcohol content and failure to heed passenger warnings as aggravating factors for gross vehicular manslaughter.
Whether the defendant received ineffective assistance of counsel due to his attorney's failure to object to the court's reliance on the challenged aggravating factors.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Since Valentine failed to object to the asserted errors in the trial court, under Scott, his claim of error is forfeited.”

“where the facts surrounding the charged offense exceed the minimum necessary to establish the elements of the crime, the trial court can use such evidence to aggravate the sentence.”

“A single appropriate factor is sufficient to support an aggravated term.”

Filed 4/26/16 P. v. Valentine CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069751 Plaintiff and Respondent, (Super. Ct. No. F11902713) v.

MICHAEL LEE VALENTINE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Don Penner, Judge. Elizabeth M. Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Gregory B. Wagner, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Detjen, J. and Peña, J.

Appellant Michael Lee Valentine pled no contest to gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)). On appeal, he contends the court committed sentencing error. We affirm. FACTS On May 13, 2011, Sara Stilwell drove Michaela Agabashian to pick up Valentine outside a comedy club in Fresno. Stilwell asked Valentine to drive her car. He drove to a parking lot where they all smoked marijuana. Valentine then drove to a liquor store and bought a “big handle of Captain Morgan” rum before driving everyone to his house. While Stilwell got ready in the bathroom, Valentine sat with Agabashian at a table drinking. Valentine’s mother allowed Stilwell to drink at the house because Stilwell lied about her age. She did not allow Agabashian to drink because Agabashian told her that she was only 19 years old. Valentine’s mother also lectured the trio on the dangers of drinking and driving and told them she was worried they could get in an accident because an acquaintance of hers had a child “in a very similar situation.” To allay the concerns of Valentine’s parents, Stilwell asked Agabashian if she was going to drive and Agabashian, who did not know how to drive, falsely stated she would so Valentine’s parents would think Agabashian, who was not drinking, was the designated driver. However once they were in the car, Agabashian started drinking because everyone “wanted to get drunk that night.” Valentine drove to the Tower District and by that time, he “was already driving kinda crazy.” After Valentine parked the car, the trio encountered Tyler Arrow riding his bike and Arrow invited them to a party in Kerman. After the trio agreed to go, Arrow rode his bike to his sister’s house, which was “really close” to the Tower District. Valentine drove to pick up Arrow, and drove the group towards Kerman. However, they ended up in the country unable to find the party. During that time Valentine began driving so fast that he frightened Agabashian and she “started crying and freaking out.” Valentine’s driving also angered Stilwell and she made Valentine stop the car. Everyone

People v. Valentine CA5

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