PEOPLE v. SHIRLEY ANN DISANDRO
Filed 7/7/10
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
SHIRLEY ANN DISANDRO,
Defendant
and Appellant.
E049726
(Super.Ct.Nos.
APP004633
286406SD)
OPINION
APPEAL
from the Superior Court
of Riverside
County. Michael S. Hider,
Judge. (Retired judge of the Merced Sup.
Ct. assigned by the Chief Justice
pursuant to art. VI, § 6 of the Cal.
Const.) Affirmed.
Thomas
P. O'Brien, United States
Attorney, Sheri Pym and Daniel Ackerman, Assistant United
States Attorneys, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
On
July 14, 2008, defendant
and appellant Shirley Ann Disandro, a letter carrier for the United States
Postal Service (USPS), was cited by a Temecula police officer for driving at an
unsafe speed (Veh. Code, § 22350)[1] and driving with a load obstructing her
control of the vehicle (Veh. Code, § 21700).[2] On January
6, 2009, when defendant was not present, her trial was held in
traffic court, and she was found guilty as alleged in the traffic citation.
On
January 30, 2009, defendant
appealed the judgment to the appellate division of the superior court, which
rendered an affirming opinion on October
27, 2009. On December 15,
2009, on the court's own motion, we ordered the case transferred to this court
pursuant to California Rules of Court, rules 8.1002 and 8.1008(c)(1)(A),
because a transfer was necessary to secure uniformity of decision and to settle
an important question of law. No
supplemental briefing was ordered or requested, and we determine the matter on
the transferred record. Although we
agree with the appellate division's decision to affirm the judgment, we cannot
agree with its reasoning.
FACTUAL
AND PROCEDURAL BACKGROUND
According
to the record, defendant was driving her own personal vehicle while delivering
mail for her employer, the USPS, when she was cited on July 14, 2008.
The citation states she had been â€
| Description | On July 14, 2008, defendant and appellant Shirley Ann Disandro, a letter carrier for the United States Postal Service (USPS), was cited by a Temecula police officer for driving at an unsafe speed (Veh. Code, § 22350)[1] and driving with a load obstructing her control of the vehicle (Veh. Code, § 21700).[2] On January 6, 2009, when defendant was not present, her trial was held in traffic court, and she was found guilty as alleged in the traffic citation. |
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