P. v. Pomares





Filed 9/23/11 P. v. Pomares CA1/3





NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. PONCIANO R. POMARES, JR., Defendant and Appellant.

A131319 (Solano County Super. Ct. No. FCR261460)

Ponciano Pomares appeals from a judgment and sentence following his no contest plea. His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 to determine whether there are any arguable issues on appeal. We find no such issues and affirm.
BACKGROUND
The following factual discussion is derived from the transcript of the preliminary hearing and the presentence report prepared by the probation department.
The evening of December 8, 2008, eighteen-year-old Christopher and his seventeen-year-old girlfriend, Ashlee, were travelling eastbound on Highway 12 between Fairfield and Rio Vista in a Ford Crown Victoria. Christopher was driving. A pickup truck was travelling at approximately 70 miles per hour northbound on Shiloh Road in the vicinity of its intersection with Highway 12. It ran a stop sign, and hit the Ford. Ashlee was killed. Christopher suffered extensive injuries and was in a coma for five weeks. He has undergone extensive physical rehabilitation and continues to suffer physical and emotional effects from the accident.
Immediately after the collision, the driver of the pickup was observed walking away from the scene. He was bleeding from his head and limping. A cell phone found in the pickup eventually led officers to Pomares. After they searched for several hours, an officer found him at an outdoor fire pit by a home on Shiloh Road. He was hypothermic and taken to the hospital. He was released later that morning and taken to the Fairfield Police Department. There he waived his Miranda rights, and admitted that he was the driver of the pickup.
Pomares was initially charged in a complaint with vehicular manslaughter (Pen. Code § 192, subd. (c)(1)), and two counts of leaving the scene of an accident (Pen. Code § 2001, subd. (a)). Following the preliminary hearing an information was filed charging Pomares in count one with vehicular manslaughter; in count two with leaving the scene of an accident enhanced for his leaving the scene of a crime; in count three with leaving the scene of an accident as a serious felony due to his inflicting great bodily injury; in count four with reckless driving as a serious felony due to his inflicting great bodily injury; and in counts five and six with assault with a deadly weapon by means likely to produce great bodily injury.
Pomares moved, under Penal Code section 995, to dismiss certain counts on the grounds that the information improperly alleged multiple crimes for a single course of conduct. The court granted the motion and dismissed counts three, five and six and the great bodily injury enhancement in count four. Pomares then entered a no contest plea pursuant to a negotiated disposition.
Count four of the information, reckless driving with serious bodily injury, was amended to allege reckless driving causing injury pursuant to Vehicle Code section 23105. Pomares entered no contest pleas to count one, vehicular manslaughter; count two, felony leaving the scene of an accident; and count four, as amended. Pomares did so with the prosecution’s agreement that the court would consider probation and not sentence him to prison for more than seven years. Pomares waived his constitutional and statutory rights, stated his plea was voluntary and that he understood the consequences of the plea.
The court sentenced Pomares to seven years in prison, consisting of the upper term of six years for vehicular manslaughter on count one, and a one-year consecutive sentence for leaving the scene of an accident on count two. A concurrent three-year sentence was imposed for reckless driving with injury on count four. The court imposed the upper term for manslaughter after finding Pomares exhibited a high degree of callousness by driving his car so fast when he was so tired, and leaving the scene in an attempt to escape. Counsel did not object to any aspect of the court’s discretionary sentencing choices, and the total term of seven years is consistent with the plea agreement. (See People v. Scott (1994) 9 Cal. 4th 331, 353.)
DISCUSSION
Counsel has represented that he advised Pomares of his intention to file a Wende brief in this case and of Pomares’s right to submit supplemental written argument on his own behalf. Pomares has not done so. Pomares has also been advised of his right to request that counsel be relieved. This court has reviewed the entire record on appeal. No issue requires further briefing.

DISPOSITION

The judgment is affirmed.

_________________________
Siggins, J.


We concur:


_________________________
McGuiness, P.J.


_________________________
Pollak, J.

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