People v. Duncan

Opinion

ROBIE, J.

Defendant Clyde Elmo Duncan pled no contest to the gross vehicular manslaughter of James Hicks while intoxicated and admitted causing bodily injury to Chad Hembree. The remaining counts and allegations were dismissed. The court sentenced defendant to state prison for an aggregate term of 11 years. On appeal, defendant contends remand for resentencing is required because the record fails to reflect that the trial court considered the alternative of federal incarceration for Vietnam veterans. (Pen. Code, § 1170.9 (hereafter section 1170.9).) We conclude remand is not required…