Opinion
E056097
12-18-2012
THE PEOPLE, Plaintiff and Respondent, v. STEPHANIE LYNN CAYSON, Defendant and Appellant.
Neil Auwarter, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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. RIF1105174)
OPINION
APPEAL from the Superior Court of Riverside County. Helios (Joe) Hernandez, Judge. Affirmed.
Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
I
INTRODUCTION
On November 29, 2011, a complaint charged defendant and appellant Stephanie Lynn Cayson with three counts of child endangerment in violation of Penal Code section 273a, subdivision (a) (counts 1, 2, 3); and one count of misdemeanor driving under the influence of alcohol in violation of Vehicle Code section 23152, subdivision (a) (count 4). The complaint also alleged three prior prison terms under Penal Code section 667.5, subdivision (b); and one prior felony strike under Penal Code sections 667, subdivisions (c) and (e)(1) and 1170.12, subdivision (c)(1).
All statutory references are to the Penal Code unless otherwise specified.
Pursuant to a written plea agreement, defendant pled guilty to one count of child endangerment and one count of driving under the influence of alcohol. As to the driving under the influence offense, defendant admitted a special allegation that she had refused to complete a chemical test under Vehicle Code section 23578. Defendant also admitted the prior felony strike allegation. The plea agreement provided a stipulated prison term of eight years.
The trial court imposed the agreed-upon sentence of eight years, consisting of the four-year middle term for child abuse, doubled to eight years under the three strikes law. The court then imposed a concurrent jail term of 365 days for the driving under the influence count. The court awarded actual presentence custody credits of 85 days, plus presentence conduct credits of 42 days, for a total of 127 days.
Defendant filed a notice of appeal challenging the sentence. Defendant also checked the "validity of the plea" box. She, however, left the attached request for certificate of probable cause form blank.
During the appeal, defendant filed a motion to correct presentence custody credits under section 1237.1 in the trial court. On September 20, 2012, the trial court granted the motion and awarded an additional 42 days of presentence conduct credits under section 4019.
II
STATEMENT OF FACTS
At the hearing wherein defendant pled guilty, she admitted driving under the influence with a blood-alcohol level of 0.31 percent with a child in the vehicle.
III
ANALYSIS
After defendant appealed, and upon her 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, a summary of the facts, and potential arguable issues, 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 conducted an independent review of the record and find no arguable issues.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MCKINSTER
J.
We concur: RAMIREZ
P. J.
MILLER
J.