P. v. Reed

Filed 11/20/07 P. v. Reed CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

Defendant Ladonna Sue Reed appeals from a judgment of conviction after she pleaded no contest to voluntary manslaughter (Pen. Code,  192, subd. (a))[1] and admitted the personal use of a firearm ( 12022.5, subd. (a)). The trial court sentenced her to a term of 21 years in prison. We affirm the judgment.

FACTS AND PROCEDURAL HISTORY[2]

Defendant lived with her boyfriend Michael Flavin in a residence on Russo Drive in San Jose. On the evening of October 1, 2005, Flavin, high on methamphetamines, argued with defendant about his drug use. He retrieved a shotgun from a chest and demanded that defendant assemble it. Defendant loaded the shotgun with two shells provided by Flavin. Flavin taunted defendant, calling her an idiot and daring her to shoot him. After holding the shotgun for five to 10 minutes, defendant shot Flavin in the face.

When San Jose police officers responded to the residence, they found a double-barreled shotgun on a couch. Flavin was in the kitchen lying on his back in a large pool of blood, not breathing. He was missing the left side of his cheek area. Defendant, hysterical, told the police: I did it. I did it. I shot him.

Defendant was charged in count 1 of the first amended information with murder ( 187) with allegations that she personally used a firearm ( 12022.5, subd. (a)) and personally and intentionally discharged a firearm ( 12022.53, subds. b, c & d); count 2 charged voluntary manslaughter ( 192, subd. (a)) with a single allegation pursuant to section 12022.5, subdivision (a).

On February 2, 2007, defendant pleaded no contest to voluntary manslaughter and admitted the personal use of a firearm on condition that count 1 would be dismissed and that she would receive a term of 21 years in prison, no more[,] no less.

On March 29, 2007, pursuant to the negotiated plea agreement, the court sentenced defendant to the upper term of 11 years for voluntary manslaughter and a consecutive 10 year term for the section 12022.5, subdivision (a) enhancement, for a total term of 21 years in the state prison.

Defendant filed a timely notice of appeal.

DISCUSSION

Appointed counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of her right to submit written argument on her own behalf but has failed to avail herself of the opportunity. Pursuant to People v. Wende(1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

DISPOSTION

The judgment is affirmed.

Duffy, J.

WE CONCUR:

Bamattre-Manoukian, Acting P.J.

Mihara, J.

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[1] All further statutory references are to the Penal Code.

[2] We take the facts from the preliminary hearing testimony and the probation report.