People v. Wiley CA3

Filed 9/3/14 P. v. Wiley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE, C074988

Plaintiff and Respondent, (Super. Ct. No. NCR85811)

v.

REBECCA LYNETTE WILEY,

Defendant and Appellant.

Defendant Rebecca Lynette Wiley pleaded guilty to child endangerment (Pen. Code, § 273a, subd. (a); count I; unless otherwise stated, statutory references that follow are to the Penal Code) and transportation of hydrocodone (Health & Saf. Code, § 11352, subd. (a); count II). She admitted a 2001 first degree burglary strike conviction as to count I. (§§ 459, 460, subd. (a), 667, subds. (b)-(i), 1170.12.) In return for her guilty plea, five related counts and a prior prison term allegation were dismissed. Defendant’s invitation to dismiss the strike conviction for purposes of sentencing was denied.

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(People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).) She was sentenced to prison for nine years four months and was awarded 219 days’ custody credit and 219 days’ conduct credit. On appeal, defendant contends (1) the denial of her Romero motion was an abuse of discretion, and (2) the abstract of judgment must be corrected to reflect the foregoing custody credits; the People concede this latter point. We affirm the judgment and order the correction.

FACTS AND PROCEEDINGS

Because the matter was resolved by plea, our statement of facts is taken from the probation officer’s report. On December 21, 2013, a Red Bluff Police Officer arrived at the location of a noninjury accident. He contacted defendant who told him she had been driving westbound on Antelope Boulevard when she ran into the back of a man’s pickup truck. Her friend’s nine-year-old daughter was her passenger at the time of the collision. She told the officer that she did not see the truck and did not know if her traffic signal was red or green. The officer noticed that defendant was under the influence of a drug. He asked when she last had used methamphetamine, and she said, “three days ago.” She said she had smoked an $80 bag. The officer asked if she had felt the effect of the drugs. She replied, “ ‘[w]ell, I didn’t think so.’ ” The officer searched defendant’s purse and found 17 syringes, two grams of methamphetamine, 10 hydrocodone pills, 19 methadone pills, and a glass smoking pipe. Defendant planned to sell or give away the pills. In further conversation with the officer, defendant said she had smoked a “bowl” of methamphetamine three hours before the collision. The girl was taken home and released to her mother.