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People v. Segovia

California Court of Appeals, Fifth District
May 21, 2008
No. F053457 (Cal. Ct. App. May. 21, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Fresno County No. F06501491 W. Kent Hamlin, Judge.

William Davies and Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

THE COURT

Before Wiseman, Acting P.J., Cornell, J., and Gomes, J.

On December 18, 2006, M. L. was in her house when she heard someone banging at her front door. M. L. looked out the window and saw a car in her driveway and a woman later identified as appellant, Mary Rios Segovia, at her front door. M. L. went to the rear of the house. She heard glass breaking and ran to a neighbor’s house. The neighbor called the sheriff’s department and followed Segovia’s car in her personal car. M. L. returned home and found several items missing. When deputies arrived, M. L. told them she recognized the woman who earlier was banging on her door. The neighbor provided the deputies with a description of the car.

Later that day deputies spotted Segovia driving a car with her sister, Andrea Rios, as a passenger. The deputies initiated a traffic stop and found that Segovia appeared to be under the influence of alcohol. In the back seat of the car they found several items that were later identified by M. L. as having been taken from her house. Segovia and her sister each claimed that the property belonged to them.

Segovia was combative throughout the encounter. When she was informed she was being arrested, Segovia began calling the deputies names and resisted their attempts to take off her shoes. Segovia also prevented the deputies from fastening her seat belt by flailing and kicking and she threatened the deputy who transported her to jail.

Following a preliminary hearing, on January 23, 2007, the district attorney filed an information charging Segovia with resisting an executive officer (Pen. Code, § 69) and making criminal threats (Pen. Code, § 422).

On March 8, 2007, Segovia plead no contest to resisting an executive officer in exchange for the dismissal of the remaining count and a grant of probation. Additionally, she pled guilty to two unrelated counts of driving under the influence (Veh. Code, § 23152, subd. (b)).

On June 13, 2007, the court placed Segovia on three year’s probation on condition that she serve 297 days local time. The court also terminated probation in an unrelated vandalism case and imposed sentence on the two unrelated driving under the influence cases.

Segovia’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.) Segovia 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.


Summaries of

People v. Segovia

California Court of Appeals, Fifth District
May 21, 2008
No. F053457 (Cal. Ct. App. May. 21, 2008)
Case details for

People v. Segovia

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MARY RIOS SEGOVIA, Defendant and…

Court:California Court of Appeals, Fifth District

Date published: May 21, 2008

Citations

No. F053457 (Cal. Ct. App. May. 21, 2008)