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The People v. Laura Williams

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT Sacramento


February 3, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
LAURA WILLIAMS, DEFENDANT AND APPELLANT.

Super. Ct. No. 09F01848

The opinion of the court was delivered by: Hull ,j.

P. v. Williams 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

On March 6, 2009, at around 2:25 a.m., Sacramento Police Officer Sam Vito was on patrol in a marked patrol car and in uniform. While making a traffic stop near a Denny's restaurant on Mack Road in Sacramento, Officer Vito saw a crowd of 25 to 30 people milling about.

It looked as if people in the crowd were getting ready to fight, so Officer Vito left his car and approached the group. He saw a woman punch defendant Laura Williams in the face. Defendant pushed the woman into the back of an SUV, ended up on top of her, and repeatedly punched her in the head.

Officer Vito entered the SUV and tried to grab defendant off the other woman. Several people grabbed him from behind as he grabbed defendant. Defendant kept punching the other woman, but Officer Vito was able to pull her out of the SUV.

Defendant went to her hands and knees when she was pulled out of the SUV. Officer Vito tried to handcuff her, but defendant flailed with her hands, punched Officer Vito a few times, and kicked him. Two other women tried to pull defendant into the SUV. Officer Vito told the women he was a police officer and defendant was under arrest, but they did not stop. After he let go of defendant, the two women placed themselves between Officer Vito and defendant.

Defendant and the two women ran to an Oldsmobile and drove off. Another patrol car pursued the Oldsmobile; defendant and the other occupants of the Oldsmobile were apprehended when it crashed shortly thereafter.

Defendant was charged with felony resisting an executive officer by use of force and violence (Pen. Code, § 69; undesignated section references are to the Penal Code). Following a jury trial, defendant was convicted of the lesser included offense of misdemeanor resisting arrest (§ 148). The court placed defendant on three years' informal probation, subject to various conditions, including that she serve 120 days in county jail with three days' custody credit, and pay various fines and fees.*fn1

Defendant appeals.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requested this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 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.

We concur:

RAYE, P.J.

NICHOLSON,J.


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