People v. Mena CA3

Filed 7/29/22 P. v. Mena CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C094538

Plaintiff and Respondent, (Super. Ct. No. 18FE014986)

v.

BENJAMIN ANTHONY MENA,

Defendant and Appellant.

Appointed counsel for defendant Benjamin Mena has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We requested supplemental briefing on the applicability of Assembly Bill No. 124 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 695, § 5) (Assembly Bill 124). Having reviewed the supplemental briefing and the record as required by Wende, we find no arguable error that would result in a disposition more favorable to defendant. Accordingly, we affirm the judgment.

1

FACTS AND HISTORY OF THE PROCEEDINGS 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.) The description of the facts is based on the factual basis for the plea. On March 25, 2021, defendant pleaded no contest to charges stemming from case Nos. 18FE014986 and 20FE011127, in exchange for a negotiated aggregate sentence of five years eight months, which included a stipulated midterm sentence. Case No. 18FE014986 is the subject of the instant appeal. In case No. 18FE014986, defendant was charged with multiple offenses pertaining to his actions on August 4, 2018. On that day, officers were stopped behind defendant’s car when defendant abruptly accelerated. Officers activated lights and siren and pursued him. Defendant drove erratically, disregarded at least one red stop light, and eventually crashed his vehicle into an apartment building occupied by multiple people. He injured a four-year-old child, requiring her to receive stitches to her face. Defendant fled on foot, but officers detained him. He pleaded no contest to evading the police in violation of Vehicle Code section 2800.2, subdivision (a) (count 1) and resisting, delaying, or obstructing law enforcement in violation of Penal Code section 148, subdivision (a)(1) (count 11) (undesignated statutory section references that follow are to the Penal Code). He also admitted the allegation, as to count 1, that he personally inflicted great bodily injury upon another person pursuant to section 12022.7, subdivision (a). In case No. 20FE011127, defendant pleaded no contest to evading the police in violation of Vehicle Code section 2800.2. On June 2, 2021, the trial court sentenced defendant consistent with the stipulated sentence of five years eight months in prison: an agreed-upon middle term of two years as to count 1 and three years consecutive for the great bodily injury enhancement. The trial court also sentenced defendant to the stipulated consecutive term of eight months in case No. 20FE011127.