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People v. Hunter6/23/2004
s conflicting evidence and conclude appellant was not suffering from the type of defect or disability that would qualify as a mitigating factor.
Similarly, while appellant pleaded guilty, it was not an early admission of guilt. As the trial court stated expressly, "I do not accept the defendant voluntarily acknowledged wrongdoing either prior to arrest or in an early stage of the criminal proceedings. The plea of guilty came on the day of trial, not at an early stage." Based on this evidence, we conclude the trial court did not abuse its discretion or act irrationally when it ruled no mitigating circumstances were present.
Furthermore, even if we were to assume, arguendo, that the trial court erred, we would not reverse. Sentencing error is grounds for reversal only were it is reasonably probable the defendant would have achieved a more favorable result absent the error alleged. (People v. Scott (1994) 9 Cal.4th 331, 355.) Here the trial court found numerous aggravating factors including the facts that crime involved "an incredibly high threat of great bodily harm", the victim was "a particularly vulnerable target", the manner in which the crime was carried out reflected planning, appellant had numerous and serious prior convictions, and his prior performance on probation and parole had been "uniformly unsatisfactory." Against this background, the court's failure to find the mitigating factors appellant has identified was insignificant. We conclude it is not reasonably probable bappellant would have achieved a more favorable result absent the error alleged.
III. DISPOSITION
The trial court is ordered to prepare and to forward to the Department of Corrections an amended abstract of judgment showing appellant suffered three, not four prior serious felony convictions within the meaning of section 667, subdivision (a)(1). Thus, appellant's sentence must be reduced from 45 years to life in prison to 40 years to life in prison. In all other respects, the judgment is affirmed.
We concur:
Stevens, J.
Simons, J.
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