 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Naredo10/16/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Carlos Naredo appeals from a judgment of conviction entered upon pleas of guilty and nolo contendere. Appellant's court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
In Sonoma County Superior Court No. 31095, an information charged appellant with gross vehicular manslaughter (Pen. Code, § 191.5, subd. (a)), vehicular manslaughter (§ 192, subd. (c)(1)), driving under the influence of alcohol resulting in injury (Veh. Code, § 23153, subd. (a)), driving with a blood/alcohol level of .08 percent or above resulting in injury (Veh. Code, § 23153, subd. (b)) and driving without a license (Veh. Code, § 12500, subd. (a)), a misdemeanor.
In Sonoma County Superior Court No. 31032, an information charged appellant with grand theft (§ 487, subd. (a)), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and further alleged that appellant committed the offenses while released from custody on bail or his own recognizance (§ 12022.1), a sentencing enhancement.
In a negotiated disposition of both matters, appellant pleaded guilty to vehicular manslaughter (§ 192, subd. (c)(1)), grand theft (§ 487, subd. (a)) and nolo contendere to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Appellant further admitted that he committed the offenses alleged in Sonoma County Superior Court No. SCR-31032 (§ 487, subd. (a), Health & Saf. Code, § 11377, subd. (a)) while released from custody on bail or his own recognizance (§ 12022.1). Pursuant to the terms of the negotiated plea, the prosecution agreed to move to dismiss the remaining counts in SCR-31032 and an unrelated felony matter (SCR-31071) charging appellant with robbery (§ 211).
The court selected vehicular manslaughter (§ 192, subd. (c)(1)) as the principal term and imposed the middle term of four years in state prison. The court then imposed consecutive terms of eight months, or one-third the middle term, for both grand theft (§ 487, subd. (a)) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The court enhanced the term by two years because appellant committed the offenses alleged in SCR-31032 while released from custody on bail or his own recognizance (§ 12022.1). Thus, the aggregate term totaled seven years and four months. The court granted appellant six days' total presentence credit in SCR-31095, 83 days' total presentence credit in SCR-31032 and ordered appellant to pay a $4,200 restitution fine.
Before appellant pleaded guilty and nolo contendere, the court advised him of the constitutional rights he would be waiving and the direct consequences of his plea. Appellant expressly waived his constitutional rights and knowingly and voluntarily entered his pleas.
Appellant was represented by counsel throughout the proceedings.
There was no sentencing error.
There are no issues that require further briefing.
The judgment is affirmed.
We concur:
Jones, P. J.
Simons, J.
Page 1 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|