People v. Wilder CA3

Filed 11/13/14 P. v. Wilder CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C075606

Plaintiff and Respondent, (Super. Ct. No. 62114530)

v.

DENISE MARIE WILDER,

Defendant and Appellant.

Defendant Denise Marie Wilder entered a negotiated plea of no contest to two counts of child endangerment (Pen. Code, § 273a, subd. (a);1 counts one and two) and admitted, in connection with count one, that she personally inflicted great bodily injury resulting in death (§§ 12022.7, subd. (d), 12022.95), in exchange for a sentencing lid of

1 Further undesignated statutory references are to the Penal Code.

1

10 years four months in state prison. The court denied defendant’s request for probation and sentenced her to the lid. Defendant appeals. Her sole contention is that the trial court abused its discretion in denying probation. We disagree and shall affirm the judgment, as modified to correct an error in conduct credit computation. FACTUAL AND PROCEDURAL BACKGROUND Factual Basis for the Pleas Defendant took her two daughters, five-year-old K.W. and two-year-old M.W., to her parents’ home while her parents were away on vacation. While there (from Sunday, April 1, 2012, until Wednesday, April 4, 2012), defendant drank alcohol and became intoxicated and unable to care for her children. The girls had only limited food and they drank alcohol. Friends and family were unable to contact defendant for days. When located the evening of April 4, 2012, defendant’s blood-alcohol content was 0.23 percent. M.W. was dead from acute alcohol toxicity with a 0.21 vitreous alcohol level. K.W. was sick and had vomited several times. Probation Report The probation report described the events of early April in tragic detail. Defendant was awake, wearing only socks and underwear, and “extremely intoxicated” when located by a friend at her parents’ house. The children were found in bed together; K.W. was lying next to her little sister’s dead body and was “freaking out.” She was naked except for a shirt, crying while explaining that she had wet the bed and defendant “took her clothes off because they were wet.” Defendant was unemotional and, although standing and watching, showed no signs of being distraught as the responders attempted to revive her dead child. There were “four large bottles of distilled spirits,” open and empty, on the kitchen counter. K.W. told the responders that “her mommy was making [the girls] sleep all day” and that “her mommy kept telling her to ‘shut up, and be quiet and go back to sleep.’ ”