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People v. Russell

1/28/2005

NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.


A jury convicted Sherry Ellenea Russell of causing injury to more than one person while driving under the influence of alcohol (Veh. Code, §§ 23153, subd. (a), 23558), causing injury to more than one person while driving with a blood/alcohol level of .08 percent or higher (Veh. Code, §§ 23153, subd. (b), 23558), and inflicting great bodily injury on one of the victims (Pen. Code, § 12022.7, subd. (a)). The court suspended imposition of sentence and placed her on probation for five years including a condition she serve 240 days in custody.


FACTS


On May 9, 2003, Bruce Lewis was driving toward Ramona on Highway 78. He had three passengers in his vehicle. Meanwhile, Russell was driving westbound on Highway 78 when she crossed the centerline and collided head on with Lewis's vehicle. All four occupants of Lewis's vehicle were hurt. Lewis sustained neck, jaw, and mouth injuries. When her blood was tested after the collision, Russell had a blood alcohol level of .18 percent.


DISCUSSION


Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. We granted Russell permission to file a brief on her own behalf. She has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Russell on this appeal.


DISPOSITION


The judgment is affirmed.


WE CONCUR:


HALLER, Acting P. J.


AARON, J.




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