P. v. >Wilson>













Filed 7/5/12
P. v. Wilson CA3









NOT TO BE PUBLISHED



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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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

THIRD
APPELLATE DISTRICT

(Siskiyou)

----






>

THE PEOPLE, Plaintiff and Respondent, v. BRIAN LEE WILSON, Defendant and Appellant.

C070014 (Super. Ct. No. MCYKCRTR111759)

In
November 2011, defendant attempted to pass a diesel truck on State Route 89 in Siskiyou County. He lost control of his vehicle and collided
into two other cars. Law enforcement
officers responded to the scene of the accident and completed a preliminary
alcohol screening test, which registered defendant’s blood-alcohol content at
.098 percent and .087 percent.

As
a result of the collision, Michelle D., driver of the second vehicle, suffered
a broken jaw, broken facial
bones, broken ribs, and a broken foot and ankle. Michael D., the driver of the third car,
injured his forehead and forearm. Defendant’s
passenger, Lucee S., also suffered a href="http://www.sandiegohealthdirectory.com/">broken foot, a broken knee, and
fractures in both of her hands.

Defendant
was subsequently arrested and charged with driving under the influence of drugs
or alcohol, which proximately caused bodily injury to another and driving with
a blood-alcohol content of or exceeding .08 percent, which proximately caused
bodily injury to another. Appended to
both counts was a further allegation that defendant was previously convicted of
driving under the influence of drugs or alcohol, and that his criminal conduct
here resulted in great bodily injury to three other people.

Defendant
pled guilty to driving under the influence, which caused bodily injury to another
person. Defendant admitted causing great
bodily injury to another and he admitted that multiple people were injured as a
result of his criminal conduct. In
exchange for his plea, the People agreed to a sentencing lid of five years and
four months in state prison, leaving open the possibility of probation.

After
hearing from the victims, the trial court rejected the probation department’s
recommendation of probation and sentenced defendant to five years and four
months in state prison. Defendant was ordered to pay various fines
and fees and was awarded 54 days of custody credit pursuant to Penal Code
section 2933.1 (47 actual days and 7 conduct).
Defendant appeals without a certificate
of probable cause.

Counsel
filed an opening brief that sets forth the facts of the case and asked this
court to review the record and determine whether there are any href="http://www.fearnotlaw.com/">arguable issues on appeal. (People
v. Wende (1979) 25 Cal.3d 436.)
Defendant was advised by counsel of the right to file a supplemental
brief within 30 days of the date of filing of the href="http://www.mcmillanlaw.com/">opening brief. More than 30 days have elapsed and we have
received no communication from defendant.


Having
undertaken an examination of the entire record, we find no arguable error that
would result in a disposition more favorable to defendant.

DISPOSITION

The
judgment is affirmed.







ROBIE , J.







We concur:







BLEASE , Acting
P. J.







MAURO , J.