P. v. Lacerda 9/20/07 CA6

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H030026A

Case Date: 11/28/2007

Preview:Filed 9/20/07 P. v. Lacerda CA6 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. STEVEN M. LACERDA, Defendant and Appellant.

H030026 (Santa Clara County Super. Ct. No. FF407302)

This matter has been transferred here from the Supreme Court (S149799) with directions to vacate our previous decision (People v. Lacerda (Dec. 18, 2006) H030026 [nonpub. opn.]) and to reconsider the cause in light of People v. Crandell (2007) 40 Cal.4th 1301 (Crandell). In our earlier opinion, we affirmed a judgment that resulted from a plea bargain. We held, in part, that the trial court did not violate the plea bargain by imposing a restitution-fund fine and a suspended parole-revocation fine. Crandell posed similar facts and addressed this issue. The parties have not elected to file supplemental briefs. (Cal. Rules of Court, rules 8.528(f), 8.200(b).) We hereby vacate our previous decision. In exchange for dismissal of other charges and enhancements and a sentencing range of no less than 11 years and no more than 15 years, defendant Steven M. Lacerda pleaded guilty to (1) gross vehicular manslaughter, (2) driving under the influence of alcohol--blood alcohol level of .08 percent, and (3) hit and run resulting in serious injury

or death. He also admitted that he had (1) personally inflicted great bodily injury, (2) suffered a prior conviction of driving under the influence, and (3) fled the scene of a hit and run. The plea bargain, as recited by the trial court at the change-of-plea hearing, did not mention the fines required by Penal Code sections 1202.4 (restitution-fund fine) and 1202.45 (parole-revocation fine).1 However, at the same time as the hearing, defendant signed and initialed an advisement of rights, waiver, and plea form that did mention the fines. The trial court sentenced defendant to the maximum term permitted under the plea agreement, which involved the use of a 10-year upper term for the manslaughter conviction. It also imposed a restitution-fund fine of $9,000 and a suspended parolerevocation fine in the same amount. Defendant thereafter filed an amended notice of appeal in which he appeals upon a ground that "arose after entry of pleas of guilty and does not challenge the validity of the pleas." He did not seek, nor was he granted, a certificate of probable cause. (

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