Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Solano County Super. Ct. No. FCR241034.
Siggins, J.
Laura Lona Glover appeals following her jury convictions for driving under the influence of alcohol and driving with a blood alcohol content of .08 percent or more. Counsel has briefed no issues and asks for our review of the record of the proceedings. (People v. Wende (1979) 25 Cal.3d 436.) Glover has not filed a supplemental brief. We have reviewed the record and affirm.
At approximately 3:30 a.m., Glover flagged down a sheriff’s deputy and asked for a ride home. Glover was wearing no pants or underpants, and had the keys to her car, which was resting nearby on the ledge of an irrigation canal. Glover’s breath smelled strongly of alcohol, her eyes were bloodshot and glassy, and her speech was slow and slurred. Glover first told the deputy that her friend Michael Espinoza was giving her a ride home, but later admitted she was driving her car home after drinking at Judy’s Wild Rangler Saloon. The deputy arrested Glover for driving under the influence of alcohol. Glover initially declined to submit to a blood or breath test, but when she was transported to a hospital for a forced blood draw, Glover allowed the nurse to draw her blood. It was later determined her blood contained .29 percent alcohol.
Glover was charged with driving under the influence of alcohol, and driving with a blood alcohol level of more than .08 percent. The amended information also alleged that Glover had refused a peace officer’s request that she submit to a chemical test; that she had a blood alcohol content of .20 or higher; that she was out on bail when she committed the current drunk driving offenses; and that she had a prior conviction for driving under the influence of alcohol. The allegations concerning Glover’s prior offense were bifurcated for trial. Glover waived her right to jury trial as to those allegations, and admitted the out-on-bail enhancement.
In the trial, Carroll Fonseca testified that he met Glover at the bar where she was drinking on the night she was arrested, and that he was giving her a ride home when he swerved off the road into the canal embankment. Once the car went off the road, Fonseca decided to walk back to the bar for help. Fonseca acknowledged he had seen Glover “a few times since” that night, and they had sex once in a motel. The responding California Highway Patrol officer testified in rebuttal that the accident scene described by Fonseca differed in several material respects from the accident scene the officer observed on the night Glover was arrested. For example, Fonseca described the car at rest facing a different direction than appeared at the scene.
The jury found Glover guilty of driving under the influence of alcohol and driving with a blood alcohol content of .08 percent or higher. The jury also determined Glover’s blood alcohol content was .20 percent or higher. The jury was unable to agree on whether she refused a peace officer’s request to submit to a chemical test, and a mistrial was declared as to this allegation. The court found the prior offense allegations true.
At sentencing, defense counsel submitted a statement in mitigation, and requested that Glover be granted probation with participation in a residential alcohol abuse treatment program. Counsel claimed that Glover’s prior treatment had failed because of Glover’s previously undiagnosed mental health issues and she was receiving medication at the time of her sentencing. The court denied probation because of Glover’s past record and observed the present case was “approximately her eighth DUI.” The court sentenced Glover to the mid-term of two years in prison for driving under the influence, and stayed the sentence for driving with a blood alcohol level of .08 percent or more and the out-on-bail enhancement. Glover received pre-sentence credits of 152 days. The court also imposed a $400 fine under Penal Code section 1202.4, and a separate $400 fine under section 1202.45 that was suspended pending successful completion of parole. Glover timely appealed.
Appellate counsel’s brief states that the charge for which Glover was on bail was subsequently dismissed.
Glover was represented by counsel at all stages of the proceedings, and received a fair trial. Substantial evidence supported (1) her convictions for driving under the influence of alcohol and driving with a blood alcohol level of .08 or more, (2) the jury’s determination that she had a blood alcohol content of .20 percent or higher, and (3) the court’s determination that the prior conviction allegations were true. There was no error in the sentence imposed. Appellate counsel advised Glover of her right to file a supplemental brief in this court within 30 days of counsel’s opening brief, but no supplemental brief has been filed. Full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
We concur: McGuiness, P.J, Pollak, J.