People v. Stangl CA3

Filed 8/9/16 P. v. Stangl CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE,

Plaintiff and Respondent, C079349

v. (Super. Ct. No. NCR92123)

ANTHONY EDWARDS STANGL,

Defendant and Appellant.

Defendant Anthony Edwards Stangl pleaded guilty to gross vehicular manslaughter while intoxicated and was sentenced to serve the maximum term of 22 years in state prison. On appeal, defendant challenges (1) the trial court’s imposition of the upper term sentence and (2) the court’s limitation of custody credits pursuant to Penal Code section 2933.1.1 We conclude the trial court did not abuse its discretion in imposing the upper term. As to the credits, we conclude the 15 percent limitation of

1 Undesignated statutory references are to the Penal Code.

1

section 2933.1 does not apply to defendant’s conviction of gross vehicular manslaughter. We modify the judgment to reflect the correct calculation of presentence custody credits and affirm the judgment as modified. FACTUAL SUMMARY2 At approximately 5:15 a.m. on August 30, 2014, defendant ran a stop sign and struck another car, killing the driver. Defendant’s blood-alcohol level was 0.06 percent. Witnesses estimated defendant’s speed at the time of the collision was between 60 and 65 miles per hour. Defendant admitted having consumed alcohol prior to 2:00 a.m., and having smoked “a small amount of marijuana a couple hours earlier” pursuant to the “215 card” he obtained two weeks prior to the accident. PROCEDURAL BACKGROUND Defendant was charged by information with gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a) – count I) and driving under the influence of alcohol and drugs causing injury (Veh. Code, § 23153, subd. (f) – count II). The information alleged, as to counts I and II, defendant sustained one prior strike conviction (§ 1170.12, subds. (a)-(d), § 667, subds. (b)-(i)), one prior serious felony conviction (§ 667, subd. (a)(1)), and three prior prison terms (§ 667.5, subd. (b)). The information further alleged, as to count II, defendant inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). Defendant entered a negotiated plea of guilty to count I and admitted the prior strike and two of the three prior prison term enhancements in exchange for dismissal of