People v. Corcoran CA5

Filed 5/19/21 P. v. Corcoran 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079843 Plaintiff and Respondent, (Fresno Super. Ct. No. F16906293) v.

RANDALL ALLEN CORCORAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. James Kelley, Judge. Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Meehan, Acting P.J., Snauffer, J. and De Santos, J.

INTRODUCTION Appellant and defendant Randall Allen Corcoran pleaded no contest to second degree murder pursuant to a negotiated disposition and was sentenced to 15 years to life. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 On December 17, 2015, at around 5:25 p.m., defendant was driving his Chevrolet Silverado westbound on Clarkson Avenue, west of Bethel Avenue in Fresno County, at an unknown speed. He approached a Honda Civic driven by Matthew Cuellar (age 26), who was travelling eastbound on Clarkson Avenue, at approximately 50 miles per hour. The passengers in the Honda were Mr. Cuellar’s wife, Sharnae (age 24); Mr. Cuellar’s cousin, Xavier (age 24); and the Cuellars’ three children, ages two, three, and five years old, who were restrained in child seats in the back seat. As defendant approached Mr. Cuellar’s vehicle, he failed to maintain within his lane, drove across the broken yellow centerline, into the eastbound lane, directly into the path of Mr. Cuellar’s car. Mr. Cuellar turned to the right, in an attempt to avoid a head- on collision. The left front of defendant’s pickup collided with the left front of Mr. Cuellar’s Honda Civic. Both Mr. and Mrs. Cuellar suffered fatal injuries from the impact and died at the scene. Mr. Cuellar suffered blunt force trauma to his head and chest. Mrs. Cuellar was sitting in the left rear passenger seat, and suffered blunt force trauma to her head, chest, and abdomen.