Opinion
E066553
02-14-2017
THE PEOPLE, Plaintiff and Respondent, v. KRISTINA LYNN ALLEN, Defendant and Appellant.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RIF1100315) OPINION APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge. Affirmed. Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Kristina Lynn Allen is serving 25 years four months in prison after pleading guilty in 2016 to manslaughter and other charges. In 2008, defendant lured an elderly man to his death, in the course of which she was present and/or participated when the man was carjacked, beaten, and eventually shot to death. We affirm.
FACTS AND PROCEDURE
In January 2008, the 17-year-old defendant went to the home of 84-year-old Lupe Del Gadillo (the victim) after dark and persuaded him to give her a ride home in his red Ford Mustang. The plan was to use the car in the robbery of a drug dealer. Defendant had the victim stop at a remote location where her two accomplices, Fierros and Coronado, were lying in wait. First defendant punched the victim, then Fierros punched him. Coronado punched the victim multiple times and put him in the trunk of the car. The victim bit defendant when she was placing tape over his mouth. Fierros drove the car around for four to five hours while the victim moved about in the trunk, pleading for his life. At some point, Fierros used Coronado's first name, which the victim repeated. Coronado then had Fierros drive to a second remote location. Coronado got out, opened the trunk, and shot the victim. Fierros drove the car to a third remote location, and they dumped the victim's body. The three then went to the victim's home and stole several items.
The record in this appeal and two previous petitions for writ of mandate (case Nos. E056144 and E056815) conflict as to the extent of defendant's participation in shooting the victim and disposing of his body.
On February 11, 2008, in case No. RIJ115842, defendant pled guilty in juvenile court to unlawfully driving or taking a vehicle (Veh. Code, § 10851) and possessing stolen property (Pen. Code, § 496). The matter was sent for a probation report. On February 26, 2008, after the probation report was filed but before sentencing, the People moved to dismiss the juvenile petition. The court granted the motion to dismiss on March 10, 2008.
Section references are to the Penal Codes except where otherwise indicated. --------
On February 8, 2011, the People filed a felony complaint in the superior court charging defendant with first degree murder. (§ 187, subd. (a).) The People further alleged that the crime was committed during the commission of a robbery (§§ 211, 190.2, subd. (a)(17)(A)) and the commission of a kidnapping (§§ 207, subd. (a), 190.2, subd. (a)(17)(B)), and that a principal was armed with a firearm (§ 12022, subd. (a)(1)).
Defendant's counsel brought a motion to dismiss for double jeopardy and to bar any further prosecutions in relation to the facts of this case. The court denied the motion. Defendant's counsel filed two separate petitions for writ of mandate and request for stay of proceedings with this court, case No. E056144 (filed April 30, 2012) and case No. E056815 (filed August 13, 2012). This court denied both petitions.
The preliminary hearing was held on August 31, 2012, after which the court held defendant to answer.
On September 13, 2012, the People filed an information charging defendant as in the complaint, with the addition of a second charge of carjacking. (§ 215, subd. (a).)
On March 23, 2016, the People orally amended the information to charge defendant with voluntary manslaughter (§ 192, subd. (a)), kidnapping (§ 207, subd. (a)), and elder abuse (§ 368, subd. (b)(1)). The People alleged as to the manslaughter that a principal was armed with a firearm, and as to the elder abuse, that the victim was 70 years of age or older. (§ 368, subd. (b)(3)(B).) On that same date, defendant pled guilty to the new charges in exchange for dismissal of the murder and carjacking charges. On June 23, 2016, the court sentenced defendant to the agreed upon sentence of 25 years four months, with total local custody credits of 2,401 days.
This appeal followed. The superior court granted defendant's request for a certificate of probable cause.
DISCUSSION
Upon defendant's request, this court appointed counsel to represent her. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and a summary of the facts, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but she has not done so.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no error.
DISPOSITION
The judgment is affirmed.
RAMIREZ
P. J. We concur: HOLLENHORST
J. McKINSTER
J.