People v. Bunn CA4/3

── People v. Bunn CA4/3 ── Court: California Court of Appeal Date: April 20, 2026 Category: General Filed 4/20/26 P. v. Bunn CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE THE PEOPLE, Plaintiff and Respondent, G064656 v. (Super. Ct. No. INF1701658) SHELLEY ANN BUNN, OPINION Defendant and Appellant. Appeal from a judgment of the Superior Court of Riverside County, Jerry C. Yang, Judge. Affirmed as modified. Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Robin Urbanski and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent. * * *  Defendant Shelley Ann Bunn crashed her car while driving under the influence of alcohol (DUI). Her passenger died from injuries sustained in the collision. She was convicted of second degree murder under an implied malice theory and sentenced to 15 years to life in prison. On appeal, she primarily argues the trial court’s jury instructions misstated the legal standard for implied malice. We disagree. The court’s instructions accurately stated the law. Next, the minute order and abstract of judgment state that the trial court imposed on Bunn (1) a restitution fine (Pen. Code, § 1202.4)1, which was stayed, and (2) a parole revocation fine (§ 1202.45, subd. (c)), which was suspended. Bunn argues the court struck these fines in its oral pronouncement of judgment, so they must also be stricken from the minute order and abstract of judgment. We find no error. Finally, Bunn argues she is entitled to three more days of actual custody credits. The Attorney General’s office agrees, and so do we. Thus, we modify the judgment to reflect the correct amount of actual custody credits. The judgment is affirmed as modified. FACTS AND PROCEDURAL HISTORY I. PRIOR DUI CONVICTION Bunn was arrested in 2007 in Palm Springs and pleaded guilty to DUI. (Veh. Code, § 23152, subd. (b).) Part of her plea deal advised that “if you are to operate a motor vehicle while under the influence of alcohol and you were to crash and kill somebody, you can be charged with murder.” Bunn 1 Undesignated statutory references are to the Penal Code. 2 was sentenced to three years of probation and ordered to enroll in a first offender DUI program. II. THE CURRENT OFFENSE Around 9:00 p.m., on October 12, 2016, a construction crew was performing an electrical repair at a country club in Rancho Mirage. They parked a truck and an equipment trailer on the main street by the country club. The crew picked this parking location because it was on the biggest street in the area and it “had more than enough clearance between the side of [the] trailer and truck and the center median.” The crew set up orange traffic cones with reflective tape in a tapered formation behind the trailer to move traffic around it and the truck. The cones started about 60 feet back from the trailer,