P. v. Hamlin
Filed 1/9/13 P. v. Hamlin
CA4/2
NOT TO BE PUBLISHED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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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 TWO
THE
PEOPLE,
Plaintiff and Respondent,
v.
DIANA
DEE HAMLIN,
Defendant and Appellant.
E056550
(Super.Ct.Nos. FVI1102017 &
FVI1102494)
OPINION
APPEAL
from the Superior Court of
Bernardino County.
Jules E. Fleuret, Judge.
Affirmed.
John
Ward, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
The San Bernardino County District
Attorney filed two informations against defendant and appellant Diana Dee
Hamlin on the same day. In case no.
FVI1102017, defendant was charged with driving under the influence of alcohol
or drugs, with a prior conviction for the same offense within 10 years. (Veh. Code, §§ 23152, subd. (a), 23550,
23550.5, count 1). In case No.
FVI1102494, defendant was charged with possession
of a controlled substance. (Health
& Saf. Code, § 11350, subd. (a), count 1.)
Both informations alleged that she had a prior strike conviction (Pen.
Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and that she had served
three prior prison terms (Pen. Code, § 667.5, subd. (b)).
no contest to both counts. She admitted
the underlying conviction to count 1 in case No. FVI1102017. She also admitted the prior strike
conviction. On both cases, the court
dismissed the remaining allegations and sentenced defendant to the low term of
16 months in state prison, doubled pursuant to the strike conviction. The court awarded her a total of 261 custody
credits
title="">[2] and ordered the 32-month terms to be served
concurrent to each other.
Defendant
filed a notice of appeal and a request for certificate
of probable cause, which the trial court denied. We affirm.
FACTUAL
BACKGROUND
At
the plea hearing, the parties stipulated that the court could find a factual
basis for the pleas from the preliminary hearing transcript, the information,
and the police report in both cases. The
following summary of facts is taken from the transcript of the preliminary
hearing:
On May 13, 2011, Officer Eric Getts
received a report of a reckless driver.
He located the driver, defendant, and observed her driving
erratically. He initiated a traffic
stop. A blood draw indicated the
presence of cocaine, opiates, metabolites, and benzodiazepines.
On October 29, 2011, a police officer contacted
defendant and determined that she had outstanding warrants. Upon searching her, he located three pipes,
which appeared to be used for smoking methamphetamine and base cocaine. He collected a substance from two of the
pipes, which was tested and determined to be base cocaine.
DISCUSSION
Defendant
appealed and, upon her request, this court appointed counsel to represent
her. Counsel has filed a brief under the
authority of
and Anders v. California (1967) 386 U.S. 738, setting
forth a statement of the case and no potential arguable issues. Counsel has also requested this court to
undertake a review of the entire record.
We
offered defendant an opportunity to file a personal supplemental brief, which
she has not done.
Pursuant
to the mandate of People v. Kelly
(2006) 40 Cal.4th 106, we have now concluded our
found no arguable issues.
DISPOSITION
The
judgment is affirmed.
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting
P. J.
We concur:
KING
J.
CODRINGTON
J.
name="_ftn1" title=""> [1] The copy of the information
in case No. FVI1102494 contained in the record on appeal is incomplete. However, the information summary indicates
that the information alleged that defendant suffered a prior strike conviction
and three prison priors. The plea
agreement reflects the same.
name="_ftn2" title=""> [2] The court awarded defendant
175 days of actual credit for time served plus 86 days of conduct credit, but
stated the total was 262 days of presentence credit. The total was corrected to state a total of
261 credits in the sentencing minute orders and abstracts of judgment.
