In re Jaqueline
Filed 2/14/06 In re Jaqueline A. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| In re JACQUELINE A., a Person Coming Under The Juvenile Court Law. |
|
| THE PEOPLE, Plaintiff and Respondent, v. JACQUELINE A., Defendant and Appellant. |
F047973
(Super. Ct. No.04CEJ601814-1)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Adolfo Corona, Judge.
Cheryl Rae Anderson, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stephen G. Herndon and Craig S. Meyers, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Following a jurisdiction hearing, the juvenile court found true allegations that appellant Jacqueline A., a minor, committed violations of Vehicle Code sections 23152, subdivisions (a) (driving while under the influence of alcohol or drugs) and (b) (driving with a blood alcohol content of .08 percent or more), and declared both offenses to be misdemeanors. Following the subsequent disposition hearing, the court adjudged appellant a ward of the court; placed her on probation, with various terms and conditions; declared the maximum period of physical confinement (MPPC) to be six months; and ordered appellant's driving privilege suspended, effective October 4, 2004 (October 4), citing Vehicle Code section 13357 as authority for the suspension order.
On appeal, appellant contends (1) the People did not establish the corpus delicti of either of the instant offenses independently of appellant's extrajudicial statements and therefore the adjudications of those offenses cannot stand; (2) the court failed to exercise its statutory discretion in setting the MPPC and therefore the court's declaration of the MPPC must be set aside; and (3) the court erred in suspending appellant's driving privilege under Vehicle Code section 13357. We will modify the judgment to indicate that appellant's driving privilege is suspended for one year, effective October 4, pursuant to Vehicle Code section 13202.5, and affirm the judgment as modified.
FACTS
At 3:26 p.m. on October 4, City of Fresno Police Officer Robert Yeager was dispatched to 5126 West Roberts.[1] He arrived at that location at approximately 3:30 p.m., and observed a red Ford Mustang, its two passenger-side tires flat, â€
