Filed 8/17/17 P. v. Bocanegra CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT*

APPEAL from a judgment of the Superior Court of Stanislaus County. Ricardo Cordova, Judge.

Francine R. Tone, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

Appellant Gabriel Joseph Bocanegra pled no contest to vehicular manslaughter (Pen. Code, § 192, subd. (c)(1)/count 1)[1] and hit and run driving resulting in death (Veh. Code, § 20001, subd. (b)(2)/count 2) and in count 1 he admitted a flight enhancement (Veh. Code, § 20001, subd. (c)) and allegations that he personally inflicted great bodily injury (§ 1192.7, subd. (c)(8)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On February 22, 2015, at approximately 5:08 p.m., as Bocanegra drove his mother’s car westbound on Highway 108 in downtown Oakdale, California, and approached the intersection at 3rd Street, two vehicles stopped in front of him. Instead of stopping, Bocanegra entered the middle lane that was intended for turning, passed the vehicles, and struck 64-year-old Thomas Larson, fatally injuring him as he crossed the street northbound in a crosswalk. At the time, Bocanegra was driving approximately 40‑45 miles per hour in a 25-mile-per-hour zone. After the impact, Bocanegra failed to stop and continued driving west on Highway 108 with damage to his vehicle’s front end and blood on his windshield.

A witness obtained the license plate number of Bocanegra’s vehicle and provided it to the police. Officers used the number to identify Bocanegra’s mother as the registered owner of the vehicle and went to her house in Riverbank. As they approached the home, they saw the mother drive away. The officers followed her to a residential area where she picked up Bocanegra. The officers then stopped the car.

After removing Bocanegra from the car, an officer noticed Bocanegra had blood on one of his hands. A set of keys found on the floorboard where Bocanegra had been sitting belonged to the car involved in the accident and had Bocanegra’s blood on them.

During a postarrest interview, Bocanegra stated that he did not see the victim because the sun was glaring through the windshield. He drove around the other cars because he was impatient. Although he knew he hit something, he did not stop because he was scared. Bocanegra also stated that he cut his hand when he punched the windshield because it was damaged during the collision and he could not see the roadway. Bocanegra denied being under the influence of alcohol or any medication.

The car involved in the collision was subsequently located in a residential neighborhood. The victim suffered major injuries including a lacerated aorta, a broken neck and multiple fractures of the spine.

On March 24, 2015, the Stanislaus County District Attorney filed a complaint that charged Bocanegra with the charges and allegations he pled to.

On October 6, 2015, Bocanegra entered his plea in exchange for an indicated sentence by the court of seven or nine years in prison.

On December 4, 2015, the court sentenced Bocanegra to an aggregate term of seven years consisting of the mitigated term of two years on his manslaughter conviction, a five‑year flight enhancement that attached to that count, and a stayed term on his hit and run conviction in count 2.

Bocanegra’s appellate counsel has filed a brief that 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.) Bocanegra has not responded to this court’s invitation to submit additional briefing.

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

DISPOSITION

The judgment is affirmed.