People v. Gleason CA3

Filed 2/19/16 P. v. Gleason CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C078004 & C078449

Plaintiff and Respondent, (Super. Ct. No. 14F3470)

v.

ZACHARY KYLER GLEASON,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND About 8:00 p.m. on June 7, 2014, defendant Zachary Kyler Gleason lost control of his car while traveling between 90 and 100 miles per hour and entering a sweeping left turn on Hartnell Avenue in Redding. He crashed into a utility pole. Defendant’s right rear passenger, Natalie Slivka, died from her injuries shortly after arriving at a hospital. Mayra Lopez, the left rear passenger, suffered bruising and abrasions to her left shoulder and scratches to her left leg. Michael Filomeo, the right front passenger, refused medical

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assistance for his injuries at the scene. Defendant failed field sobriety tests and was arrested. Defendant’s blood alcohol content was 0.19 percent. Filomeo and Lopez told an investigating officer that the entire group had been drinking alcohol. Lopez stated that prior to the crash, defendant had been driving “extremely fast” and recklessly. Defendant admitted to the officer that he drank “ ‘[t]oo much’ ” and that he should not have been driving. Defendant was cooperative at the scene and, prior to the arrival of emergency medical personnel, defendant had given Slivka CPR. Defendant entered a negotiated plea of guilty to gross vehicular manslaughter while intoxicated (Pen. Code,1 § 191.5, subd. (a); count 3--victim Slivka) and driving under the influence of alcohol or drugs causing injury (DUI/CI) (Veh. Code, § 23153, subd. (a); count 4). In connection with count 4, defendant admitted that he caused death or bodily injury to more than one victim. (Veh. Code, § 23558.) In connection with count 3, defendant admitted that he inflicted great bodily injury upon Slivka within the meaning of section 12022.7. Defendant entered his plea in exchange for a sentencing lid of 11 years 8 months and the dismissal of the remaining counts: second degree murder of Slivka (count 1); DUI/CI (count 2--victim Slivka) and the associated great bodily injury enhancement allegation (§ 12022.7); and driving with a blood alcohol level of 0.08 or higher and causing injury (count 5--victim Lopez). On November 6, 2014, the court sentenced defendant to state prison for an aggregate term of seven years eight months, calculated as follows: the midterm of six years for count 3, a consecutive one-third the midterm or eight months for count 4, and a consecutive one-year term for the more-than-one-victim enhancement. The court awarded 153 actual days and 22 conduct days for a total of 175 days of presentence