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People v. Mason9/2/2004
A Redding police officer interviewed seven-year-old Jessica W. after a school counselor reported possible child abuse. Jessica told the officer that she was the passenger in a car driven by her stepfather, defendant John David Mason, on March 25, 2003. She said that defendant drove the car after consuming a small bottle of vodka and a 40-ounce bottle of beer. Later in the afternoon, defendant rear-ended a car at the intersection of Highway 273 and Angelo Street, yelled at the female driver, and drove away. He then rear-ended a van and drove away without contacting the driver. Jessica reported that defendant drove into several trees and poles along the way. She also told the officer that defendant threatened to kill her if she told anyone what had happened. The victim of the first hit-and-run incident, who suffered whiplash, provided the officer with additional details of her encounter with defendant.
An information charged defendant with causing injury while driving under the influence of alcohol and/or drugs (Veh.Code, § 23153, subd. (a)--count 1), driving while under the influence of alcohol and/or drugs within 10 years of a prior felony DUI conviction (Veh.Code, §§ 23152, subd. (a) & 23550.5--count 2), hit-and-run causing injury (Veh.Code, § 20001, subd. (a)--count 3), abusing or endangering a child (Pen.Code, § 273a, subd. (a)--count 4), and misdemeanor driving on a suspended or revoked license (Veh.Code, § 14601.5, subd. (a)--count 5). The information also alleged two prior prison term enhancements. (Pen.Code, § 667.5, subd .(b).)
At the time of trial, Jessica was living with her legal guardian in Oregon. The prosecution had difficulty securing her appearance as a material witness. The court reset the trial date. Thereafter, defendant pleaded no contest to hit-and-run causing injury (Veh.Code, § 20001, subd. (a)) and admitted one prior prison term allegation (Pen.Code, § 667.5, subd. (b)). The parties stipulated to a four-year term. The trial court dismissed other charges on the People's motion.
The court sentenced defendant to the upper term of three years for hit-and-run and one year for the prior prison term enhancement. The court also imposed an $800 restitution fine (Pen.Code, § 1202.4, subd. (b)), and an $800 parole revocation fine which was stayed (Pen.Code, § 1202.45). It reserved jurisdiction over victim restitution. Defendant received 158 days of presentence credit.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
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