P. v. Salazar
Filed 8/28/08 P. v. Salazar 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THE PEOPLE, Plaintiff and Respondent, v. DENISE SALAZAR, Defendant and Appellant. | H032534 (Santa Clara County Super. Ct. No. CC763587) |
Defendant Denise Salazar had a blood alcohol level of .30 percent when, after leaving a bar, she sped down a street in San Jose at 60 miles per hour, ran a red light, crossed over into oncoming traffic, and hit another car head on. One of defendants passengers had asked her to stop before she ran the red light because he thought she was driving too fast. The driver of the other car was injured, as were defendant and her two passengers.
Defendant was arrested and charged with driving under the influence of alcohol and drugs and causing injury (Veh. Code, 23153, subd. (a)), driving with a blood alcohol level of .08 percent or more and causing injury (Veh. Code, 23153, subd. (b)), and two counts of driving with a suspended license (Veh. Code, 14601.2, subd. (a), 14601.5, subd. (a)). It was also specially alleged that defendants blood alcohol level was .15 percent or higher (Veh. Code, 23578) when she committed the two Vehicle Code section 23153 offenses, that she had suffered a prior driving under the influence conviction, and that she had suffered a prior strike conviction (Pen. Code, 667, subds. (b)-(i), 1170.12).
Defendant entered into a plea agreement under which she agreed to plead guilty to driving with a blood alcohol level of .08 percent or more and causing injury, and to admit all of the special allegations, in exchange for dismissal of the remaining counts, and a sentence of no more than 32 months in state prison. She asked the court to exercise its discretion to strike the prior strike conviction admission. Defendant had a criminal record that extended over nearly two decades and included drug offenses, property offenses, and violent crime. She had served numerous stints in county jail, and participated in an alcohol treatment program just a year before the current offense. After the current offense, she suffered additional alcohol related convictions. Defendant told the probation officer that she did not have a substance abuse problem. The trial court declined to strike the prior strike conviction admission, and sentenced defendant to the doubled lower term of 32 months in state prison. Defendant filed a timely notice of appeal.
Appointed appellate 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.
The judgment is affirmed.
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Mihara, J.
WE CONCUR:
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Rushing, P.J.
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McAdams, J.
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