Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge. Super. Ct. No. F06901858-1.
William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
Before Vartabedian, Acting P.J., Levy, J., and Gomes, J.
OPINION
On March 13, 2006, appellant, William Nelson Harbaugh, went drinking with his ex-wife, Andrea Harbaugh (Andrea), and a friend, Tessa Lee, at the Five Restaurant and the Dirty Olive. On the way home from the Dirty Olive, Harbaugh drove through a red light and struck a Jeep Cherokee driven by Frances Palomares, killing Andrea and injuring Tessa and Palomares. Harbaugh had a blood alcohol content of .15 percent.
On March 29, 2006, the district attorney filed a first amended complaint charging Harbaugh with one count each of vehicular manslaughter (count 1/Pen. Code, § 191.5, subd. (a)), driving with a blood alcohol content greater that .08 percent causing injury (count 2/Veh. Code, § 23153, subd. (b)), and driving under the influence of alcohol causing injury (count 3/Veh. Code, § 23153, subd. (a)). Counts 2 and 3 also alleged that Harbaugh caused death or injury to more than one victim (Veh. Code, § 23558) and that he personally inflicted great bodily injury on Andrea and Palomares. (Pen. Code, § 12022.7, subd. (a)).
On August 25, 2006, Harbaugh pled no contest to count 2 and admitted the great bodily injury enhancement and the multiple victim enhancement in that count. The remaining counts were dismissed with the right to comment.
On September 22, 2006, the court sentenced Harbaugh to an aggregate term of five years four months, the mitigated term of 16 months on the driving with a blood alcohol content of .08 or greater, a three-year serious bodily injury enhancement, and a one-year multiple victim enhancement.
Harbaugh’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Harbaugh has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.