Opinion
F072034
03-13-2017
THE PEOPLE, Plaintiff and Respondent, v. SANDRA KAY ADAMS, Defendant and Appellant.
Emily J. Haden, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 1484813)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Stanislaus County. Nancy Ashley, Judge. Emily J. Haden, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Gomes, Acting P.J., Franson, J. and Smith, J.
-ooOoo-
INTRODUCTION
Appellant Sandra Kay Adams stands convicted of two counts of attempted voluntary manslaughter and one count of arson of an inhabited structure. Adams was sentenced to a term of five years in prison on the arson count, and the midterm of three years each, stayed pursuant to Penal Code section 654, on the attempted voluntary manslaughter counts. Adams appealed and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm.
References to code sections are to the Penal Code unless otherwise specified. --------
FACTUAL AND PROCEDURAL SUMMARY
Early in the morning on February 28, 2015, a fire started in a trailer park in Ceres at the home of Dirae Anderson. Anderson's home had caught fire; the siding on the outside of the home was partially burned. Investigators determined the origin of the fire was a couch that was outside and sitting next to the home. The fire was deemed to be suspicious in nature.
Ceres Police Officer Ross Bays was assigned to investigate. When he arrived, Bays spoke with the fire marshal, Anderson, and Paul Lovett. Lovett indicated he knew who had set the fire and that it was his girlfriend, Adams.
The night of February 28, Lovett was spending time at Anderson's home. Lovett and Anderson previously had been romantically involved; Adams was Lovett's current girlfriend; and there had been a point in time when Lovett was dating both women. Lovett indicated that Adams told him if she caught him cheating again, she would burn down the house.
Earlier on the night of the fire, Adams had shown up at Anderson's home looking for Lovett. Adams had a golf club, which she used to break a window in the home. Adams told Lovett to come home with her. While Lovett was collecting his things, Adams and Anderson got into a verbal altercation. While the women were arguing, Lovett snuck out the back door and went to a friend's home in the area. After a period of time, Lovett returned to Anderson's home.
When Lovett went into the bathroom at Anderson's to smoke methamphetamine, he noticed the couch outside the home was on fire. Lovett managed to extinguish the fire before the fire department arrived.
Lovett described Adams' physical appearance for Bays and Bays realized he had a previous encounter with Adams that morning. Bays came into contact with Adams when he responded to a call of a suspicious person in the area of the trailer park. Bays found Adams alone in the area at 2:00 a.m. carrying a golf club.
After he finished speaking with Lovett, Bays went to locate Adams. He found Adams asleep on a loveseat; a Bic lighter was sticking out from underneath the cushions of the loveseat. Bays discovered the Bic lighter, two flashlights, and the golf club under the cushions of the loveseat. Adams initially denied any knowledge of the fire; but subsequently stated Lovett would not testify against her so she was not concerned about it. She also stated the Bic lighter was what she used to start the fire, but later clarified she meant the fire in a nearby barbeque.
Adams was charged with the attempted premeditated murders of Lovett and Anderson and arson of an inhabited structure. Lovett and Anderson both testified against Adams at trial. The jury found Adams not guilty of attempted premeditated murder, but of the lesser offense of attempted voluntary manslaughter. Adams also was found guilty of arson.
At the July 14, 2015, sentencing, Anderson asked the trial court to impose the mitigated term. Lovett also addressed the trial court and recanted his trial testimony, stating he did not believe Adams was responsible for the fire. The probation report found one circumstance in mitigation and listed five circumstances in aggravation.
The trial court sentenced Adams to the midterm of five years for the arson conviction. A term of three years, stayed pursuant to section 654, was imposed for each of the attempted voluntary manslaughter convictions. Credits of 137 days actual and 20 conduct days were awarded pursuant to section 2933.1. The abstract of judgment was filed on July 16, 2015.
Adams filed a notice of appeal on July 17, 2015.
DISCUSSION
Appellate counsel was appointed on September 22, 2015. On April 21, 2016, appellate counsel requested the superior court correct the abstract of judgment, which showed imposition of a section 1202.5 fine in the amount of $205, which had not been imposed by the trial court. The superior court corrected the abstract of judgment a corrected abstract was submitted to this court on April 26, 2016.
Appellate counsel filed a brief pursuant to People v. Wende, supra, 25 Cal.3d 436 on April 22, 2016. That same day, this court issued its letter to Adams inviting her to submit supplemental briefing. No supplemental brief was filed.
After an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.