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People v. McLeod

California Court of Appeals, Fifth District
Jul 22, 2008
No. F053608 (Cal. Ct. App. Jul. 22, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Tuolumne County No. CRF22797, Eleanor Provost, Judge.

John P. Dwyer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

THE COURT

Before Gomes, Acting P.J., Dawson, J., and Kane, J.

A jury convicted appellant Kenneth Richard McLeod of causing injury to another person while driving under the influence of a drug (Veh. Code, § 23153, subd. (a)) and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)), and found true an enhancement allegation that in committing the former offense he caused injury to more than one person (Veh. Code, § 23558). !(CT 79-81)! In sentencing appellant on both the instant case and Tuolumne County Superior Court case No. CRF22970 (case No. 970), the court imposed an aggregate sentence of three years eight months, calculated as follows: the principal term of three years in the instant case, consisting of the two-year midterm on the felony count and one year on the multiple-victim enhancement, and a subordinate term of eight months in case No. 970.

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. We will affirm.

FACTS

At approximately 12:30 p.m. on November 1, 2006, appellant was driving his pickup west on Tuolumne Road in Tuolumne County when he crossed over the double yellow line, side-swiped a Ford Excursion and then collided head-on with a Honda Accord.

The driver of the Ford suffered soft-tissue and nerve damage, and underwent six weeks of physical therapy. The driver of the Honda suffered an injury to her ankle, which required that the ankle be in a cast for eight weeks. She suffered pain, swelling, intense cramping and a burning feeling in her right leg. As of the date of trial, these symptoms persisted and she was unable to walk normally.

A sample of appellant’s urine was taken shortly after the incident described above, and initial testing indicated the presence of both marijuana and methamphetamine. Subsequent testing indicated appellant had ingested methamphetamine within 12 hours of giving the sample.

A California Highway Patrol Officer, who had training in evaluating persons to determine if they were under the influence of drugs, examined appellant and determined that he was under the influence of methamphetamine and marijuana.

DISCUSSION

Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

The judgment is affirmed.


Summaries of

People v. McLeod

California Court of Appeals, Fifth District
Jul 22, 2008
No. F053608 (Cal. Ct. App. Jul. 22, 2008)
Case details for

People v. McLeod

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KENNETH RICHARD McLEOD, Defendant…

Court:California Court of Appeals, Fifth District

Date published: Jul 22, 2008

Citations

No. F053608 (Cal. Ct. App. Jul. 22, 2008)