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Name: People v. Ramirez
Case #: B158771
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/12/2003
Subsequent History: Rhrg. den. 6/30/03

Ramirez pleaded guilty to gross vehicular manslaughter and leaving the scene of an accident, and was sentenced to the lower term of four years for the manslaughter, and a mandatory consecutive term of five years for leaving the accident scene. Appellant did not object to the terms of the sentence. On appeal, appellant argued that the trial court erred in imposing the latter term because the felony complaint did not specifically provide appellant adequate notice of the mandatory consecutive five year term, and that the sentence imposed was “unauthorized” and could therefore be raised for the first time on appeal. The appellate court found the issue waived. Appellant did not demur or object below. Further, the plea proceedings and probation report provided him with adequate notice of the mandatory consecutive five-year term. Nor was counsel ineffective for failing to object, because an objection would not have changed the result. J. Perren dissented, finding that there was insufficient evidence that appellant knew the full consequences of his plea.