People v. Diaz CA5

Filed 10/1/15 P. v. Diaz CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069778 Plaintiff and Respondent, (Super. Ct. No. F13909110) v.

JUANITA ELSA DIAZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Alvin M. Harrell III, Judge. Julia Freis, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Franson, J.

Appellant Juanita Elsa Diaz pled no contest to driving under the influence causing an injury (Veh. Code, § 23153, subd. (a))1 and leaving the scene of an injury accident (§ 20001, subd. (a)). Appellate filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) identifying no arguable issues and asking this court to independently review the entire record on appeal. Our independent review of the record did not discover any arguable issues. Accordingly, we affirm the judgment. PROCEDURAL SUMMARY On September 26, 2013, a complaint was filed charging appellant with the following counts: count 1, driving with a .08 percent blood-alcohol content, causing injury (§ 23153, subd. (b)); count 2, driving under the influence causing bodily injury (§ 23153, subd. (a)); count 3, leaving the scene of an injury accident (§ 20001, subd. (a)); and count 4, driving on a suspended license (§ 14601.1, subd. (a)). As to counts 1 and 2, the complaint alleged enhancements for the infliction of great bodily injury within the meaning of Penal Code section 12022.7, and that appellant had a blood-alcohol content of .15 percent or higher within the meaning of Vehicle Code section 23578. On April 2, 2014, upon oral motion of the People, the complaint was amended to add as to count 1 enhancements of causing injury to multiple victims. (§ 23558.) On that same date, appellant entered into a negotiated disposition whereby she withdrew her not guilty plea and entered a plea of no contest to counts 1 and 3, and to three enhancements as to count 1 for causing injury to multiple victims. The remaining counts and enhancements were dismissed. Appellant initialed and signed the “Felony Advisement, Waiver Of Rights, And Plea Form” noting that the maximum sentence she could receive