Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County No. F07907901, Rosendo Pena, Jr., Judge.
Richard J. Krech, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Wiseman, Acting P.J., Gomes, J., and Dawson, J.
On August 28, 2008, appellant Jamie Gladney, pursuant to a plea agreement, pled no contest to driving with a blood alcohol content of.08 percent or more and causing great bodily injury (Veh. Code, § 23153, subd. (b); count 1) and driving under the influence of alcohol and/or drugs and causing great bodily injury (Veh. Code, § 23153, subd. (a); count 2). Appellant also admitted allegations of the following: he had suffered a “strike”; he had served two separate prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)); in committing each offense he caused death or great bodily injury to more than one victim (Veh. Code, § 23558) and caused great bodily injury within the meaning of Penal Code section 12022.7, subdivision (a) (section 12022.7(a)); and in committing the count 1 offense his blood alcohol content was.15 percent or higher (Veh. Code, § 23578).
We use the term “strike” as a synonym for “prior felony conviction” within the meaning of the “three strikes” law (Pen. Code, §§ 667, subds. (b)-(i); 1170.12), i.e., a prior felony conviction or juvenile adjudication that subjects a defendant to the increased punishment specified in the three strikes law.
The court sentenced appellant on September 26, 2008. On each count, the court imposed a prison term of seven years, consisting of the two-year midterm on the substantive offense, doubled for a total of four years, and three years on the section 12022.7(a) enhancement. The court stayed the term imposed on count 2 pursuant to Penal Code section 654, and struck both prior prison term enhancements and both multiple victim enhancements.
Appellant did not request, and the court did not issue, a certificate of probable cause (Pen. Code, § 1237.5).
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
Our factual statement is taken from the “Circumstances of Offense” section of the report of the probation officer (RPO), which, the RPO indicates, is taken from police reports.
At approximately 1:00 a.m. on October 7, 2007, a Fresno Police Department motorcycle officer saw a Buick sedan pull into a vacant parking lot, where the vehicle “broke traction, making a circle in the parking lot.” The officer made contact with the driver, who identified himself as Jamie Gladney. The officer noticed the driver’s eyes were red, bloodshot and watery, and there was a “moderate odor of alcohol emitting from the vehicle.” The officer asked the driver to step out of the car, at which point the driver drove off at a high rate of speed, failed to stop for a red light and made a turn. The officer gave chase on his motorcycle, but lost traction and fell. “He was able to broadcast the vehicle’s description and shortly thereafter, officers found that [appellant] had apparently been traveling the wrong way on Tuolumne and hit [a] vehicle, containing two victims, head-on.”
When officers arrived on the scene, they found appellant pinned in his vehicle. The driver of the vehicle appellant struck was in his vehicle, semi-conscious. “He suffered bruising to his chest, and injuries to his knee.” The passenger in that vehicle was lying on the ground. “She sustained multiple cuts to her body, and a fractured pelvis.”
A blood test revealed appellant had a blood alcohol content of.21 percent.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
The judgment is affirmed.