P. v. Soto
Filed 7/26/06 P. v. Soto 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| THE PEOPLE, Plaintiff and Respondent, v. MARIA SOTO, Defendant and Appellant. |
F048640
(Super. Ct. Nos. MCR019620, MCR022043, MCR022194)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Madera County. John W. DeGroot, Judge.
Catherine White, 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, John G. McLean and Harry Joseph Colombo, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
______________________
*Before Wiseman, A.P.J., Dawson, J., and Kane, J.
Appellant, Maria Soto, pled no contest in case No. MCR019620 to attempted voluntary manslaughter (count 1/Pen. Code,[1] §§ 664 & 192), mayhem (count 3/§ 205), and felony hit-and-run driving (count 4/Veh. Code, § 20001). Soto also admitted allegations in count 4 that she personally inflicted great bodily injury (§ 12022.7). Soto also pled no contest to second degree burglary (§ 459) in case No. MCR022043, pled no contest to unlawfully taking a vehicle (Veh. Code, § 10851, subd. (a)) in case No. MCR022194, and admitted an on bail enhancement in each of these cases. On appeal, Soto contends: 1) the court erred in imposing consecutive terms on her convictions in case No. MCR019620; and 2) the court committed Blakely[2] error. We will affirm.
FACTS
On August 27, 2004, at approximately 1 a.m., after getting into an argument with Rayshon Hines, Soto got into her truck and drove into Hines as he made a call from a telephone booth. As a result of the impact, Hines had the lower portion of one leg amputated and he lost the use of his other leg (case No. MCR019620).
On April 26, 2005, Soto and two other people entered a home belonging to Joshua Lopez and took several items including some power tools and a bicycle (case No. MCR022043).
On June 29, 2005, Soto took a vehicle belonging to Casilda Flores after Flores left it idling outside while she entered her house (case No. MCR022194).
On July 11, 2005, Soto entered into a plea bargain which provided that in exchange for her plea in the three cases she faced a lid of 16 years 4 months and she waived the application of section 654 with respect to case No. MCR019620.
On August 9, 2005, in sentencing Soto, the court stated:
â€
