People v. Donnell CA4/1

Filed 5/23/14 P. v. Donnell CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064377

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD235326, SCD245608) ERICA LYNN DONNELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert J.

Trentacosta, Judge. Affirmed.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

INTRODUCTION

In separate cases, Erica Lynn Donnell (aka Erica Lynn Bruce) pled guilty to one

felony count of forcibly resisting a police officer (Pen. Code, § 69)1 and one

1 All further statutory references are to the Penal Code.

misdemeanor count of resisting a police officer (§ 148, subd. (a)(1)). After admitting she

violated probation in both cases by failing to appear in court as required, the court

imposed the two-year middle term to be served in local prison for the felony case (case

No. SCD235326). Against the sentence, the court awarded Donnell 433 days of