P. v. Poteate

Filed 8/18/06 P. v. Poteate CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A112455

v. (Solano County

Super. Ct. No. 178226)

MARY E. POTEATE,

Defendant and Appellant.

______________________________________/

Mary E. Poteate appeals from a judgment entered after she pleaded no contest to voluntary manslaughter. (Pen. Code, § 192, subd. (a).)^[1] She contends (1) the trial court abused its discretion when it declined to grant her probation, (2) the court abused its discretion when it sentenced her to the upper term, and (3) imposition of the upper term violated Blakely v. Washington (2004) 542 U.S. 296. We will reject these arguments and affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On April 2, 2005, police responded to a mobile home park to investigate a report of a homicide. A crew that had been assigned to clean a trailer found a female body, later identified as A.D. A.D. was hog-tied on the floor with a pillow case over her head. A mattress and box spring were on top. Upon removing the pillowcase, the police saw that A.D.'s face and head had been bludgeoned. Her pants were pulled down and there were feces on her body. A.D.'s hands were tied behind her back with a shoelace, and her ankles were tied with an electrical cord.

Police investigating the crime quickly focused on appellant and Robert Medeiros as possible suspects. A.D. knew appellant and Medeiros and had been â€