P. v. Reynoso
Filed 1/29/09 P. v. Reynoso CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. CHRISTINA REYNOSO, Defendant and Appellant. | D053212 (Super. Ct. Nos. SCD204307 & SCD207907) |
APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed.
In superior court case No. SCD204307, Christina Reynoso entered negotiated guilty pleas to driving under the influence of drugs and causing injury (Veh. Code, 23153, subd. (a)) and child endangerment (Pen. Code, 273a, subd. (a)). As part of the plea bargain, Reynoso also admitted that she personally inflicted great bodily injury on another person (Pen. Code, 1192.7, subd. (c)(8) & 12022.7, subd. (a)) with respect to both counts. With respect to the driving under the influence count, Reynoso also admitted that a minor under the age of 14 years was a passenger in the vehicle (Veh. Code, 23572, subd. (a)) and she caused bodily injury to more than one victim (Veh. Code, 23558).
In superior court case No. SCD207907, Reynoso entered a negotiated guilty plea to possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)) and admitted she committed this offense while she was released on her own recognizance within the meaning of Penal Code section 12022.1, subdivision (b).
The plea bargain called for a sentencing lid of five years for both cases.
The trial court denied probation and sentenced Reynoso to five years in prison.
The court denied Reynoso's request for a certificate of probable cause.
FACTS
On November 11, 2005, at about 12:45 a.m., Reynoso was driving westbound on Highway 94 with her three-year-old son, Joseph R., as a passenger when she lost control of her vehicle and struck the center divider. Her vehicle was subsequently rear-ended by a truck driven by Matthew Hicks, who was unable to avoid hitting Reynoso's car. Reynoso was under the influence of methamphetamine at the time; a toxicologist opined the amount of methamphetamine in Reynoso's system was more than five times the upper range of therapeutic levels. Joseph received a skull fracture, and Hicks received a whiplash injury. Reynoso's injuries include two broken vertebrae, five broken ribs, a collapsed lung, and water on the brain. She was in a coma for more than three weeks and spent more than two months in the hospital.
On July 21, 2007, two and one-half months after the preliminary hearing in superior court case No. SCD204307, police responded to a radio call of a person sleeping in a truck on Hershey Street. Officers found Reynoso sleeping in the driver's seat of the truck; she had two fresh red puncture wounds on the inside of her right arm.
After an officer asked Reynoso for identification, she opened her purse and the officer saw a hypodermic needle inside. The officer arrested Reynoso for possession of drug paraphernalia and, during a search incident to the arrest, found .81 grams of methamphetamine.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the trial court abused its discretion by denying probation; and (2) whether the trial court erred when it refused to grant Reynoso's request for a certificate of probable cause.
We granted Reynoso permission to file a brief on her own behalf. She has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Reynoso on this appeal.
DISPOSITION
The judgment is affirmed.
BENKE, Acting P. J.
WE CONCUR:
HALLER, J.
McINTYRE, J.
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