Opinion
A100925.
7-28-2003
THE PEOPLE, Plaintiff and Respondent, v. WENDY MARIE BRUCE, Defendant and Appellant.
Wendy Marie Bruce appeals from a judgment entered on her plea of no contest. Her counsel raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071.)
On August 14, 2002, the People filed an information charging defendant, age 39, with one count of furnishing a minor with methamphetamine (Health & Saf. Code, § 11353); one count of furnishing marijuana to a minor (Health & Saf. Code, § 11361, subd. (b)); 11 counts of unlawful sexual intercourse with a minor (Pen. Code, § 261.5 , subd. (c)); six counts of oral copulation with a minor (Pen. Code, § 288, subd. (b)(1)); and one count of distributing or exhibiting harmful matter to a minor with the intent of arousing and seducing a minor (Pen. Code, § 288.2, subd. (a)). The charges stemmed from defendants manipulation of a 16-year-old boy who had been entrusted to her care and was living in her home. On August 14, 2002, defendant waived her right to a jury trial and entered a plea of no contest to one count of furnishing methamphetamine to a minor and one count of unlawful sexual intercourse with a minor. The remaining counts were dismissed with a Harvey waiver. Defendant entered the plea with the understanding that she could be sentenced to a maximum term of nine years eight months in prison. She also entered an Arbuckle waiver and agreed to be sentenced by another judge.
People v. Harvey (1979) 25 Cal.3d 754, 159 Cal. Rptr. 696, 602 P.2d 396.
People v. Arbuckle (1978) 22 Cal.3d 749, 150 Cal. Rptr. 778, 587 P.2d 220.
The sentencing hearing was held on November 4, 2002. At the beginning of the hearing, defendant asked to withdraw her Arbuckle waiver. The trial court denied the request. The court sentenced defendant to the aggravated term of nine years on the furnishing methamphetamine count and to a concurrent three-year term on the unlawful sexual intercourse with a minor offense. The court awarded defendant custody credits of 164 days.
The sentencing hearing had initially been set for October 2, 2002 but was continued at defendants request.
Defendant was represented by counsel. There was no error in the sentencing. There are no meritorious issues to be argued.
The judgment is affirmed.
We concur, REARDON, Acting P.J., SEPULVEDA, J.