People v. Tillis CA3

Filed 1/4/21 P. v. Tillis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Glenn) ----

THE PEOPLE, C090682

Plaintiff and Respondent, (Super. Ct. No. 18NCR13118)

v.

SHAWNTRE ARMANI TILLIS,

Defendant and Appellant.

Appointed counsel for defendant, Shawntre Armani Tillis, filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We will modify the judgment to include mandatory fees and direct the trial court to issue an amended abstract of judgment. We find no arguable error that would result in a disposition more favorable to defendant and affirm the judgment as modified.

1

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.)

FACTS AND PROCEDURAL HISTORY Defendant pleaded guilty to two counts of gross vehicular manslaughter (Pen. Code, § 191.5, subd. (a); statutory section references that follow are to the Penal Code) and four counts of driving under the influence and causing bodily injury (Veh. Code, § 23153, subds. (a)-(b)). Defendant also admitted six enhancement allegations on each of the six counts that he caused bodily injury and/or death to multiple victims. (Veh. Code, § 23558.) The parties agreed to a factual basis for the plea, stating defendant had been driving at a high speed on the freeway and “caused a chain reaction collision” that resulted in two deaths and “six other drivers and passengers that received severe injuries.” The parties agreed defendant’s blood-alcohol content was 0.13 percent at the time. At the sentencing hearing, the court sentenced defendant to the upper term of 10 years for the first gross vehicular manslaughter count, plus two years for the multiple injury enhancements, and two years (one-third the midterm) for the second gross vehicular manslaughter count, plus one year for the multiple injury enhancements. The court imposed two-year terms for each of the remaining counts and stayed execution under section 654. Thus, the court imposed a total aggregate sentence of 15 years. The court imposed a restitution fine of $4,500 (§ 1202.4, subd. (b)) and a $4,500 parole revocation fine, which it suspended pending parole revocation (§ 1202.45). Defendant appealed, indicating he would be challenging issues unrelated to the validity of the plea.