P. v. Morris

Filed 6/7/07 P. v. Morris CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

APPEAL from an order of the Superior Court of San Diego County, Allan J. Preckel, Judge. Affirmed.

Theodore Matthew Morris III, entered negotiated guilty pleas to gross vehicular manslaughter while intoxicated (Pen. Code,  191.5, subd. (a)) and hit and run (Veh. Code,  20001, subd. (a)). He admitted a prior conviction of driving under the influence (Pen. Code,  181.5, subd. (d)) and entered a Blakely waiver (Blakely v. Washington (2004) 542 U.S. 296 (Blakely). The court sentenced him to prison for 15 years, eight months to life: 15 years to life for gross vehicular manslaughter while intoxicated with a prior conviction of driving under the influence, with a consecutive eight months for hit and run (one-third the middle term). On September 15, 2006, Morris filed a petition for a writ of coram nobis. He contended that he changed his pleas from not guilty to guilty because his counsel falsely advised him that the district attorney agreed to recommend that the court impose a determinate term rather than a possible life term. The trial court denied the petition for a writ of coram nobis.

FACTS

Viewing the record in the light most favorable to the judgment below (People v. Johnson (1980) 26 Cal.3d 557, 576), the following occurred: On October 1, 2004, Morris was driving on Sweetwater Springs Boulevard when he swerved and hit a 14-year old male walking with companions on the side of the roadway. The 14-year old was thrown 116 feet as a result of the impact and died from the injuries caused by Morris. Morris did not stop. The next day, highway patrol officers learned of Morris's involvement in the fatality. Morris told an officer his pick-up truck had loose steering and it swerved from the roadway. He said he felt a bump but did not see what he had hit. He said he did not stop because he was shocked and intoxicated. He also told an officer that his driver's license was suspended because of a prior conviction of driving under the influence.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende(1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues: (1) whether the trial court abused its discretion in denying the petition for a writ of coram nobis; (2) whether Morris was denied effective assistance of counsel when he entered the guilty pleas; (3) whether the trial court erred in imposing consecutive sentences in light of Blakely; and (4) whether the trial court should have stayed sentence on the hit and run conviction. (See Pen. Code,  654.)

We granted Morris permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Morris on this appeal.

DISPOSITION

The judgment is affirmed.

McINTYRE, J.

WE CONCUR:

BENKE, Acting P. J.

NARES, J.

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