Opinion
F050349
12-8-2006
THE PEOPLE, Plaintiff and Respondent, v. ANGELA LEE GUTIERREZ, Defendant and Appellant.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
OPINION
THE COURT
Before Levy, Acting P.J., Gomes, J., and Hill, J.
INTRODUCTION
On March 28, 2006, appellant, Angela Lee Gutierrez, pled no contest to one count of carjacking (Pen. Code, § 215, subd. (a)). In exchange for Gutierrezs plea, one count of second degree robbery, four counts of assault with a deadly weapon, two counts of taking a vehicle, two counts of possession of a stolen vehicle, and one count of possession of burglary tools were dismissed. Under the plea agreement, Gutierrez would be sentenced to prison for three years.
Appellant was advised of her constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122. She was advised of the consequences of her plea. The court established a factual basis for appellants plea.
On April 25, 2006, following the plea agreement, the trial court denied Gutierrez probation, sentenced her to prison for three years for carjacking, and dismissed the numerous other allegations. The court imposed a restitution fine and granted Gutierrez applicable custody credits.
The probation report stated that appellants minimal record of criminal conduct was a mitigating factor. It noted as aggravating factors that appellant was on juvenile probation when she committed the instant offense and her performance on probation was unsatisfactory.
On December 26, 2006, Kern County Sheriffs deputies were dispatched to investigate a report of a stolen vehicle. The deputies contacted Alejandro Gutierrez Cortez who told them that appellant and a female friend approached him at a market and asked him for a ride. Appellant gave Cortez directions to a remote vineyard. Cortez continued driving down the road. Appellant told Cortez to stop because her friend was ill. Cortez stopped the vehicle and exited it, leaving his keys in the ignition. Appellant closed the windows, started the car. Cortez tried to hold onto the door handle as appellant drove away at a high rate of speed. Cortez was dragged 10 feet until he fell. Appellant drove back several times, attempting to run over Cortez. Cortez had to jump out of the way to avoid being hit about 10 different times. The next day, he identified appellant in a photographic lineup. She was arrested three days later on an unrelated matter.
Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that appellant was advised she could file her own brief with this court. By letter on June 8, 2005, we invited appellant to submit additional briefing. To date, she has not done so.
After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.
DISPOSITION
The judgment is affirmed.