People v. Brewer CA2/6

Filed 10/14/24 P. v. Brewer CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B328708 (Super. Ct. No. 21F-08933) Plaintiff and Respondent, (San Luis Obispo County)

v.

MELISSA BREWER,

Defendant and Appellant.

Melissa Brewer appeals the judgment entered after a jury convicted her of leaving the scene of an accident (Veh. Code, § 20001, subd. (a), count1), two counts of presenting a false or fraudulent insurance claim (Pen. Code, § 550, subd. (a)(1), counts 2 & 4),1 two counts of preparing a false or fraudulent insurance claim (§ 550, subd. (a)(5), counts 3 & 5), and misdemeanor reckless driving (Veh. Code, § 23103, subd. (a), count 6).

1 All further undesignated statutory references are to the Penal code.

Appellant was sentenced to four years eight months in state prison, consisting of a consecutive term of eight months as to count 1, three years as to count 2, and a consecutive term of one year as to count 4. Counts 3 and 5 were stayed pursuant to section 654. Appellant was also sentenced to 180 days in county jail as to count 6. Appellant’s sole contention on appeal is that the trial court should have stayed imposition of the sentence as to count 4 pursuant to section 654. We affirm. Facts On March 23, 2021, appellant recklessly drove her vehicle southbound on the 101 freeway in the area of Avila Ridge before she collided with a motorcycle operated by James Hayes. Several witnesses called 911 and stopped to render aid. Appellant did not stop. Hayes suffered an open fracture dislocation of his left ankle and multiple abrasions. He died prior to trial.2 On March 28, 2021, appellant filed an electronic claim with her insurance company for damages to her car. In her claim, appellant indicated that her “vehicle went off the road, went into a ditch or rolled over.” She also indicated there were no passengers and no injuries. On April 4, 2021, appellant sent an electronic communication to her insurance company, stating: “‘I’m having some stiffness in my upper body and neck. And I went to the chiropractor on Friday, April 2nd, and it’s still pretty uncomfortable. I just wanted to notify you that I’m going to be making another appointment on Monday, April 5th. I will keep you updated on the outcome. Thanks, Melissa Brewer.’”