Opinion
F061354 Super. Ct. No. VCF241797
09-23-2011
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
THE COURT
Before Gomes, Acting P.J., Kane, J., and Franson, J.
APPEAL from a judgment of the Superior Court of Tulare County. Ronn M. Couillard, Judge.
Retired Judge of the Tulare Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Appellant, Elisa Marie Meras, appeals from a judgment entered after she pled no contest to vehicle theft (Veh. Code, § 10851, subd. (a)) and admitted a prior conviction enhancement (Pen. Code, § 666.5) and an on-bail enhancement (§ 12022.1) in case No. VCF241797, and admitted violating her probation in case No. VCF226165. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441, we affirm.
All further statutory references are to the Penal Code unless otherwise indicated.
--------
FACTUAL AND PROCEDURAL HISTORY
On August 23, 2009, Teresa Sambrano woke up to find her car missing from the driveway of her home in Dinuba and called the police. Sambrano told the responding officer that she suspected Meras took her car.
On August 24, 2009, at approximately 10:00 a.m. another officer spotted the car being driven by Meras. After stopping the car, the officer arrested Meras and her male passenger (case No. VCF226165).
On August 28, 2009, the district attorney filed an amended complaint in case No. VCF226165 charging Meras with vehicle theft (count 1/Veh. Code, §10851, subd. (a)) and receiving a stolen vehicle (count 2/Pen. Code, § 496d, subd. (a)). The complaint also alleged a prior conviction enhancement (Pen. Code, § 666.5). Meras then pled no contest to count 1 and admitted the prior conviction enhancement in exchange for the dismissal of the remaining count and an indicated sentence of felony probation conditioned on Meras serving 200 days local custody time. After Meras waived time for sentencing, the court placed her on probation as per her indicated sentence, with a stay of execution on service of the custody time until October 5, 2009. Meras, however, never remanded herself into custody.
On September 6, 2010, Meras convinced her uncle, Luis Sambrano, to let her spend the night at his house in Dinuba. Once inside, Meras took some beer from the refrigerator, locked herself in the bathroom, and refused to come out. She was still in the bathroom the next morning at 5:45 a.m. when Sambrano got up. However, after Sambrano told her he was going to call the police, Meras ran into his bedroom, got the keys to his car, and drove off.
On September 7, 2010, Sambrano was walking near his residence with a friend when he saw Meras driving his car and yelled at her to stop. When Meras parked in the driveway of a residence, Sambrano and the friend approached her and took the keys away. At approximately 9:16 a.m., after Sambrano's friend left the scene, a Dinuba police officer responded to the location and found Meras and Sambrano in the front yard. During the encounter, Meras refused to obey the officer's commands to stay where she was (case No. VCF241797).
On September 10, 2010, the district attorney filed an amended complaint in case No. VCF241797 charging Meras with vehicle theft (count 1), resisting arrest (count 2/§ 148, subd. (a)(1)), a prior conviction enhancement (§ 666.5), and an on-bail enhancement (§ 12022.1).
On September 13, 2010, in case No. VCF241797 Meras pled no contest to vehicle theft and admitted the prior conviction enhancement and the on-bail enhancement. Meras also admitted violating her probation in case No. VCF226165. In exchange for her plea in both cases the remaining counts in case No. VCF241797 were dismissed and the court agreed to impose an aggregate four-year term in both cases. After Meras waived time for sentencing, the court struck the on-bail enhancement and sentenced Meras to the stipulated term of four years as follows: the middle term of three years on the vehicle theft offense in case No. VCF241797 and a consecutive one-year term on her vehicle theft offense in case No. VCF226165.
Meras'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, supra, 25 Cal.3d 436.) Meras has not responded to this court's invitation to submit additional briefing. However, our review of the record disclosed that the court erred by its failure to memorialize in the clerk's minutes the reasons for striking the on-bail enhancement as required by People v. Bonnetta (2009) 46 Cal.4th 143, 151, and we will remand the matter to the trial court for this purpose.
Further, following an independent review of the record we find that with the exception of the issue discussed above, no reasonably arguable factual or legal issues exist.
DISPOSITION
The order striking the on-bail enhancement is reversed. The case is remanded for the trial court to comply with section 1385, subdivision (a) and Bonnetta. In all other respects, the judgment is affirmed.