Filed 5/17/17 P. v. Reenan CA3
NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

ANDREW JAMES REENAN,

Defendant and Appellant.
C082373

(Super. Ct. No. CM043671)





Appointed counsel for defendant Andrew James Reenan has asked us to review his conviction pursuant to People v. Wende (1979) 25 Cal.3d 436. Finding no error which could arguably benefit defendant, we affirm.
BACKGROUND
An information charged defendant with vehicular manslaughter while intoxicated (count 1; Pen. Code, § 191.5, subd. (a)); driving under the influence of alcohol causing injury (count 2; Veh. Code, § 23153, subd. (a)); and driving with a 0.08 percent blood-alcohol content (BAC) causing injury (count 3; Veh. Code, § 23153, subd. (b)). As to all counts, the information alleged an enhancement for multiple victims (Veh. Code, § 23558); as to counts 2 and 3, the information alleged an enhancement for infliction of great bodily injury (brain injury or paralysis) (§ 12022.7, subd. (b)).
Defendant pleaded guilty in an open plea to all counts and enhancements, with the agreement that section 654 would apply to the Vehicle Code charges. The parties stipulated that the forthcoming probation report would provide the factual basis for the plea.
The probation report described that Chico police officers responding to a report of a traffic accident at around 1:43 a.m. on October 1, 2015, found a wrecked vehicle facing west in the eastbound traffic lanes. Victim Haley M. lay on the roadway, unresponsive with major injuries. Victim Tyler B., also unresponsive, was in the front passenger seat.
Defendant had been driving; he told law enforcement that he and the others had gone to a convenience store, with Haley M. driving. He admitted he was “buzzed.” After Haley M. came out of the store, he decided to drive them home. (Surveillance video at the store showed that defendant sat in the driver’s seat before the others came back to the car.) As they traveled, Tyler B. shouted at defendant and grabbed the steering wheel, causing defendant to lose control.
A field test measured defendant’s BAC at 0.13 percent, and a blood sample taken later at the hospital measured it at 0.14 percent. An accident investigator determined that defendant lost control of the vehicle trying to negotiate a curve in the road at 60 miles per hour in a 35-mile-per-hour zone, causing the vehicle to strike a raised median and hit a tree.
Haley M. was thrown from the car and died from her injuries.
Tyler B. suffered major trauma, including swelling to the brain; he would have lasting and severe brain injuries. As of April 2016, he was still verbally non-responsive, and would need nonstop custodial care and post-rehabilitation care after discharge. Defendant admitted being an alcoholic for the last two years before the accident.
The probation report recommended denying probation, despite defendant’s remorse, youth, acknowledgment of responsibility, lack of a prior record, and willingness to comply with probation conditions, due to his level of intoxication and the fact that his conduct caused serious injuries, including death.
Finding that defendant was ineligible for probation absent unusual circumstances which did not exist, and that the aggravating circumstances outweighed those in mitigation, the trial court imposed an aggregate state prison term of 10 years four months, computed as follows: two years (the middle term) on count 3, plus five years consecutive for the great bodily injury enhancement and one year consecutive for the multiple victims enhancement on that count; two years (one-third the middle term) on count 1, plus four months (one-third the middle term) for the multiple victims enhancement on that count, all consecutive to the sentencing on count 3. The court imposed and stayed (§ 654) a sentence of two years on count 2, plus a five-year enhancement for great bodily injury and a one-year enhancement for multiple victims, and awarded defendant 235 days of presentence custody credit (205 actual and 30 conduct).
As to all counts, the trial court orally imposed a $300 restitution fine (§ 1202.4, subd. (b)) and a suspended parole revocation restitution fine in the same amount (§ 1202.45). As to count 1, the court added a $40 court operations assessment (§ 1465.8) and a $30 criminal conviction assessment (Gov. Code, § 70373). As to count 3, citing Vehicle Code section 23530, the court added “a DUI fine” of $1,956, which incorporated a long list of mandatory fines and fees for that count of conviction. The court imposed and stayed the same amounts as to count 2. The court also ordered victim restitution of $646,572.27 to Tyler B., $2,883.35 to Tyler B.’s parents, $69,623.53 to Haley M.’s parents, and $992.70 to Haley M.’s brother. The court reserved jurisdiction over all aspects of restitution.
Defendant timely appealed. The trial court later corrected the total fine amount for counts 2 (stayed) and 3 to $1,840.
DISCUSSION
Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.




/s/
Duarte, J.



We concur:



/s/
Robie, Acting P. J.





/s/
Butz, J.