Opinion
B228293
12-14-2011
THE PEOPLE, Plaintiff and Respondent, v. PATTIE PASCHAL, Defendant and Appellant.
Marilyn Drath, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. TA112018)
APPEAL from a judgment of the Superior Court of Los Angeles County, Gary E. Daigh, Judge. Affirmed.
Marilyn Drath, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
INTRODUCTION
Defendant Pattie Paschal appeals from a judgment of conviction entered after a jury trial. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On April 26, 2010, Alejandra Castro parked at a gas station's mini market to buy some water, leaving her key in the ignition and her nine-year-old daughter, Ashley, in the car. Defendant climbed into the driver's seat and began to drive away as Ashley screamed at her to stop. Ashley released her seat belt, opened the passenger door and jumped from the moving car. She ran to her mother, who telephoned police. Police later detained defendant. Castro and her daughter identified defendant in a field show-up.
Defendant was arrested and charged with one count of carjacking (Pen. Code,§ 215, subd. (a)) and one count of grand theft of an automobile (§ 487, subd. (d)(1)). The information alleged that defendant had suffered two prior serious or violent felony convictions within the meaning of the "Three Strikes" law (§§ 667, subds. (a)(1), (b)-(i), 1170.12), and that she had previously served two separate prison terms (§ 667.5, subd. (b)).
All further statutory references are to the Penal Code.
Defendant entered a plea of not guilty to both counts and denied the special allegations. Following a jury trial, defendant was convicted as charged.
Defendant waived her right to a jury trial on the prior conviction allegations. The trial court found the allegations to be true. The court denied defendant's motion for a new trial and her motion to dismiss one or both of her prior strike convictions in the interest of justice (§ 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497).
The trial court sentenced defendant as a third strike offender to an aggregate state prison term of 31 years to life, consisting of a term of 25 years to life for carjacking, plus five years pursuant to section 667, subdivision (a)(1), and one year pursuant to section 667.5, subdivision (b). The court stayed sentence for grand theft of an automobile under section 654. Defendant received presentence custody credit of 196 days (171 actual days and 25 days of conduct credits). The court ordered defendant to pay a $30 security assessment, a $30 criminal conviction assessment and a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to section 1202.45.
Defendant filed a timely notice of appeal.
DISCUSSION
We appointed counsel to represent defendant on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On August 8, 2011, we advised defendant that she had 30 days within which to personally submit any contentions or issues she wished us to consider. We have received no response to date.
We have examined the entire record and are satisfied defendant's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende (1979) 25 Cal.3d 436, 441.)
DISPOSITION
The judgment is affirmed.
JACKSON, J. We concur:
WOODS, Acting P. J.
ZELON, J.