P. v. Fuentes
Filed 5/11/06 P. v. Fuentes CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THE PEOPLE, Plaintiff and Respondent, v. ALBERT LEE FUENTES, Defendant and Appellant. | F047152 (Super. Ct. No. F04904235-9) OPINION |
APPEAL from a judgment of the Superior Court of Fresno County. Gregory T. Fain, Judge.
Mark Farbman, 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, Lloyd G. Carter and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.
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STATEMENT OF THE CASE
On August 2, 2004, the Fresno County District Attorney filed an information in the superior court charging appellant Albert Lee Fuentes as follows: count I--criminal threats (Pen. Code, § 422); counts II and III--leaving the scene of an accident (Veh. Code, § 20001, subd. (a)); and counts IV and V--misdemeanor battery (Pen. Code, § 242). The district attorney specially alleged appellant had sustained two prior strike convictions (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), sustained two prior felony convictions (§ 667, subd. (a)(1)), and served two prior prison terms (Pen. Code, § 667.5, subd. (b)).
On August 3, 2004, appellant was arraigned, pleaded not guilty to the substantive counts, and denied the special allegations.
On September 30, 2004, jury trial commenced. On the same date, the court granted the prosecution's motion to dismiss count V.
On October 14, 2004, the court amended counts II and III of the information by interlineations to reflect violations of Vehicle Code section 20001, subdivisions (a), (b)(1). On the same date, appellant waived his right to a jury trial on the special allegations and requested a court trial on those allegations.
On October 15, 2004, the jury returned guilty verdicts on counts II, III, and IV of the information. The court declared a mistrial as to count I and subsequently dismissed that count on motion of the district attorney. The court subsequently conducted a trial of the special allegations and found all of them to be true.
On January 11, 2005, appellant filed a written invitation to the court to dismiss at least one of his strike priors.
On the same date, the court conducted a sentencing hearing, denied the invitation to strike a prior, denied appellant probation, and sentenced him to a total term of 27 years to life in state prison. The court imposed an indeterminate term of 25 years to life on count II, a concurrent indeterminate term of 25 years to life on count III, and a determinate term of two years for the prior prison terms.[1] As to count IV, the court imposed a term of time served. The court imposed a $10,000 restitution fine (Pen. Code, § 1202.4, subd. (b)), imposed and suspended a second such fine pending successful completion of parole (§ 1202.45), and awarded 435 days of custody credits.
On January 11, 2005, appellant filed a timely notice of appeal.
STATEMENT OF FACTS
At approximately 6:18 p.m. on March 25, 2004, Fresno Police Office Shawn Garrison was dispatched to the intersection of Fresno Street and McKinley Avenue. Garrison arrived and found a traffic collision involving four vehicles. A gray Mazda automobile had rear-ended a Chevrolet Baretta which had been stopped for a traffic light. The force of the collision pushed the Baretta into a white Nissan which had also stopped for the light. The Nissan, in turn, pushed into a white Ford Taurus that had also been stopped for the light. The Baretta sustained moderate damage to the front-end and rear-end. In Officer Garrison's opinion, the accident occurred because the gray Mazda failed to stop for a red light. Garrison found no one associated with the Mazda at the scene.
Felipa Trejo was the driver of the Baretta. She and her daughters, Laura and Sandra, were stopped at a red light when Felipa heard a noise. She looked in her mirror and saw a car come from behind and hit her Baretta. Felipa did not see the driver of the oncoming car and no one from that car contacted her. The force of the collision caused Felipa's airbag to deploy. Her seat collapsed and her feet ended up on the dashboard. Paramedics removed Felipa from the Baretta and took her to Fresno Community Hospital for treatment. As a result of the accident, Felipa experienced pain in her neck, legs, and back. Her legs were bruised and liquid in her knee formed a baseball-sized â€
