P. v. Bowman
Filed 12/4/08 P. v. Bowman CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. BRANDON WILLIE BOWMAN, Defendant and Appellant. | C059209 (Super. Ct. No. 07F03485) |
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.[1] Having reviewed the record as required by Wende, we affirm the judgment.
We provide the following description of the facts, taken from the prosecutors recitation of the factual basis for defendants plea, and a brief procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.)
On or about April 2nd, 2007, at approximately 6:00 p.m., families were gathering at a home on Wimberly Drive in Sacramento County to celebrate Passover, Larry Cappon and his wife Jessica and son parked in front of their friends home. Annette Brodovsky . . . , who was the mother of two young girls and five months pregnant, on this particular evening was standing on the lawn of this home waiting for the Cappons.
The defendant on this date did not have a drivers license. The defendant was speeding down Wimberly Drive, which has a long sweeping curve. The defendants blood alcohol level at the time he was driving was over .20. Unable to maintain the vehicle because of the alcohol he had ingested all during the day, he began hit[ting] parked cars and began to run up the lawns because of his inability to maintain the vehicle on the long sweeping curve.
As Mrs. Cappon was in the act of removing her infant son from the back seat of the car, the defendant at a high rate of speed [drove] up on the lawn [and] struck the open doors of the car where Mrs. Cappon was standing, shearing off both doors, the back passenger door as well as the right front passenger door, and crushing Mrs. Cappons pelvis, breaking her leg and ankle. As a result Mrs. Cappon spent months rehabilitating and learning to walk again and spent time in a convalescent hospital away from her husband and infant son.
After the defendant sheared off the doors of the Cappons car, hitting Mrs. Cappon, he continued up the lawn, striking Mrs. Annette Brodovsky, throwing her into the air, crashing her into the windshield, and as he continued driving, she flew off the car and was thrown and wedged under a parked car parked at the gutter. Both Mrs. Brodovsky and her unborn child died in that gutter.
After exiting the car, the defendant screamed profanities and ran from the scene. He was found 45 minutes later hiding in a low lying drainage ditch covered with tall weeds.
The defendant was subsequently identified as the driver of the vehicle.
Defendant was charged with, and pled no contest to, gross vehicular manslaughter while intoxicated (Pen. Code, 191.5, subd. (a)), causing injury while driving under the influence of alcohol with the special allegation that he inflicted great bodily injury (Veh. Code, 23153, subd. (a); Pen. Code, 12022.7, subd. (a)), causing injury while driving with a blood-alcohol level of .08 percent with the special allegation that he inflicted great bodily injury (Veh. Code, 23153, subd. (b); Pen. Code, 12022.7, subd. (a)), hit and run causing death or serious bodily injury (Veh. Code, 20001, subd. (b)(1)), and driving without a license (Veh. Code, 12500, subd. (a)).
The trial court sentenced defendant to 12 years eight months (consisting of the upper term of 10 years for the manslaughter charge, a consecutive one year [one-third the midterm] for the hit and run charge, and a consecutive one year eight months [one-third the midterm] for the driving under the influence charge and causing great bodily injury allegation) and stayed, pursuant to Penal Code section 654, a consecutive one year eight months (one-third the midterm) for driving with a blood-alcohol level of .08 percent and causing great bodily injury.
The court imposed a restitution fine of $2,400 (Pen. Code, 1202.4); a $2,400 restitution fine, suspended unless parole is revoked (Pen. Code, 1202.45); a $100 restitution fine for driving without a license (Pen. Code, 1202.4); a $50 alcohol abuse education and prevention assessment (Veh. Code, 23645, subd. (a)); a $1,000 fine for driving under the influence (Veh. Code, 23554); a $100 court security fee (Pen. Code, 1465.8); a $27.22 jail classification fee and a $242.29 booking fee (Gov. Code, 29550.2); and $17,680.83 in victim restitution with an additional amount to be determined later. The court awarded defendant 430 days actual credit and 64 days conduct credit, for a total of 494 days custody credit.
Defendant appeals. He did not obtain a certificate of probable cause. (Pen. Code, 1237.5.)
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.
RAYE , J.
We concur:
SCOTLAND , P. J.
ROBIE , J.
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[1] Counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 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.
