People v. Bueno

Bueno was driving while intoxicated and lost control of her vehicle resulting in a single vehicle roll-over accident. Bueno’s eight-year-old son was ejected from the vehicle and died; her teenage daughter was injured and required medical attention. Bueno pled no contest to gross vehicular manslaughter while intoxicated, driving under the influence causing injury, driving with a blood alcohol content of .08 or more causing injury, and two counts of felony child endangerment for endangering her son and daughter. Bueno admitted great bodily injury allegations to counts 2 through 4 and multiple victim allegations and .15% or higher blood alcohol content allegations as to counts 2 and 3. She was sentenced to a determinate prison term of 11 years, four months. The court of appeal reversed and remanded. Bueno never waived her right to be sentenced by the judge who took her plea as required under People v. Arbuckle. On the plea agreement, Bueno placed an “X,” rather than her initials, in the space provided next to the Arbuckle Waiver. No discussion of that waiver was raised during the oral pronouncement of her plea. View "People v. Bueno" on Justia Law