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Filed 10/31/08 P. v. Watkins CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO



THE PEOPLE,

Plaintiff and Respondent,

v.

PATRICIA ANN WATKINS,

Defendant and Appellant.


E044737

(Super.Ct.No. INF056638)

OPINION


APPEAL from the Superior Court of Riverside County. Thomas N. Douglass, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed with directions.
Marylou Hillberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Pamela Ratner Sobeck and David Delgado-Rucci, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant and appellant Patricia Ann Watkins was charged with vehicular manslaughter with gross negligence (Pen. Code, § 191.5, subd. (a); Veh. Code, §§ 23152, 23153), driving under the influence of alcohol and drugs (Veh. Code, § 23153, subd. (a)), driving while having a blood alcohol level of .15 percent, causing death or bodily injury (Veh. Code, §§ 23153, subd. (b), 23558, 23578), and driving without a valid driver’s license (Veh. Code, § 12500, subd. (a)). Defendant entered a plea agreement, pled guilty to all charges and enhancements, and was later sentenced to a total of 12 years in state prison. On appeal, defendant claims she could not be sentenced to more than eight years four months, as stated in the plea agreement. The People correctly concede. Accordingly, we will modify defendant’s sentence and affirm the judgment as modified.
FACTUAL BACKGROUND
On November 29, 2006, defendant drove her car after she had been drinking alcohol. She was driving at speeds from 60 to 80 miles per hour when she rear-ended a car and caused a chain reaction and five-car pileup. One victim was killed and two were injured. Defendant had a blood alcohol level of .20 percent, and she was driving without a valid license.
DISCUSSION
The Maximum Term of Confinement Was Eight Years Four Months
Defendant argues that her sentence must be reduced to the maximum term of eight years four months in prison, as specified in the plea agreement. The People concede and we agree.
A. Background
The second page of defendant’s plea agreement stated that the maximum possible custody commitment for the admitted charges and enhancements was eight years four months. Defendant pled guilty in open court pursuant to the terms of the plea agreement. Defendant also agreed that a different judge could conduct the subsequent sentencing hearing.
At sentencing, the court imposed the upper term for the manslaughter conviction, plus two 1-year enhancements, for a total of 12 years in state prison.
B. The Sentence Should Be Modified
Penal Code section 1192.5 provides, in relevant part, that where a guilty plea “is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea.” (Italics added.) In other words, “[w]hen a guilty plea is entered in exchange for specified benefits such as . . . an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement. The punishment may not significantly exceed that which the parties agreed upon.” (People v. Walker (1991) 54 Cal.3d 1013, 1024.)
Here, the plea was made to the court and was impliedly accepted by the prosecution. The prosecution provided the factual basis for the plea, and did not object to the plea. The agreed upon maximum term in the plea agreement was eight years four months. Thus, the court erred in imposing a 12-year term. The sentence must be changed to conform to the plea agreement.
DISPOSITION
Defendant’s sentence is modified by reducing it to eight years four months. The trial court is directed to prepare an amended abstract of judgment that reflects the modified sentence and to forward copies of that amended abstract to the Department of Corrections and Rehabilitation. As modified, the judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

HOLLENHORST
J.

We concur:

RAMIREZ
P.J.

MILLER
J.