People v. Thavong CA1/3

Filed 9/26/16 P. v. Thavong CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A148813 v. THONG TOM THAVONG, (Sonoma County Super. Ct. No. SCR673576) Defendant and Appellant.

Defendant Thong Tom Thavong appeals from a judgment entered upon his no contest plea. His attorney has asked this court for an independent review of the record to determine whether there are any arguable issues for review. (Anders v. California (1967) 386 U.S. 738, 744; People v. Kelly (2006) 40 Cal.4th 106, 119; People v. Wende (1979) 25 Cal.3d 436, 441-442.) Defendant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues requiring further briefing and shall affirm the judgment. Factual and Procedural Background There was no preliminary hearing or trial. The probation officer’s report sets forth the following factual allegations. On the evening of November 1, 2015, defendant had a blood alcohol level of .28 percent when he drove his motorhome onto a sidewalk, struck one pedestrian and caused another to dive to the ground, and then fled the scene. An eyewitness described the events leading to the collision. She reported seeing defendant swerving between lanes on the road, then driving over the curb where he hit a fire hydrant and tree. Defendant

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reversed the vehicle and continued driving down the road, then reentered the sidewalk where he hit a sign and additional trees before plowing into the pedestrians. One of the pedestrians suffered devastating injuries including a skull fracture, broken legs, a broken shoulder, multiple rib fractures and a pelvic fracture. Defendant was charged with several criminal counts and, on March 30, 2016, agreed to an open plea of no contest to one of the counts in exchange for dismissal of the remaining counts. Following advisement of his constitutional rights and the consequences of his plea, defendant entered a no contest plea to driving a vehicle and causing bodily injury while having a blood alcohol level of .08 percent or more. (Veh. Code, § 23153, subd. (b).) Defendant admitted causing great bodily injury (Pen. Code, § 12022.7, subd. (a)) and causing injury to more than one person (Veh. Code, § 23558). Defendant also admitted that his blood alcohol level was in excess of .15 percent (Veh. Code, § 23578) and that he has a prior serious felony conviction (Pen. Code, § 1170.12). A probation officer prepared a report recommending imposition of the maximum 10-year sentence. The report noted that the 52-year-old defendant has a number of misdemeanor convictions for theft (Pen. Code, § 484, subd. (a)), drug offenses (Health & Saf. Code, §§ 11364, 11377, subd. (a)), and driving on a suspended license (Veh. Code, § 14601, subd. (a) in addition to his felony conviction for making criminal threats (Pen. Code, § 422). In his statement to the probation officer, defendant minimized his culpability and claimed the collision was caused by a tire blow-out. At the sentencing hearing, the court denied defendant’s motion to strike his prior conviction and sentenced him on the principal charge to the middle term of two years doubled to four years under the Three Strikes Law. (Pen. Code, §§ 18, subd. (a), 1170.12, subd. (c)(1); Veh. Code, § 23153, subd. (b).) The court imposed a three-year enhancement for inflicting great bodily injury (Pen. Code, § 12022.7, subd. (a)) and an