People v. Carpenter CA3

Filed 5/29/24 P. v. Carpenter CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (El Dorado) ----

THE PEOPLE, C098387

Plaintiff and Respondent, (Super. Ct. No. P18CRF0182)

v.

HEATHER LYNN CARPENTER,

Defendant and Appellant.

Defendant Heather Lynn Carpenter was previously placed on probation for driving under the influence of alcohol. While on probation, she committed a hit and run with property damage and hid from officers in her attic while drinking alcohol. The trial court found that defendant violated her probation and sentenced her to prison for the middle term of four years. On appeal, defendant contends the trial court abused its discretion in failing to consider her alcoholism as a mitigating factor at sentencing. We disagree and affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Defendant was arrested in 2018 for driving under the influence of alcohol. She was driving at a high rate of speed with her infant child in the car. In February 2021, defendant pled no contest to felony child endangerment (Pen. Code, § 273a, subd. (a)), driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), driving with a blood alcohol level of 0.08 percent or higher (Veh. Code, § 23152, subd. (b)), and driving with a suspended or revoked license (Veh. Code, § 14601, subd. (a)). She also admitted prior convictions and a blood alcohol level of 0.15 percent. The trial court suspended imposition of sentence and placed defendant on five years of formal probation. Probation conditions included that defendant serve 240 days in county jail and wear a continuous alcohol monitoring device upon release for one year. Probation conditions also required her to obey all laws and prohibited her from operating a motor vehicle without a valid license and insurance, from consuming or possessing alcoholic beverages, and from operating a motor vehicle after consuming any measurable amount of alcohol. While on formal probation, defendant drove on the opposite side of the road, struck a tree and sign, and fled the scene. Officers later found defendant at the attic of her home but she locked the door and refused to let them in. When officers finally knocked down the door to the attic, they found defendant drinking alcohol as fast as she could. The People filed a probation revocation petition, alleging defendant violated the terms of her probation. The trial court sustained the petition, finding defendant committed a hit and run with property damage, resisted or obstructed a peace officer, failed to abstain from the alcohol possession, use, or involvement, and drove in violation of her restrictive license. At sentencing, defense counsel sought probation or a low-term sentence. She pointed out that while continuous alcohol monitoring prevented defendant from drinking, defendant still needed treatment and help to stay sober. Defense counsel also argued that