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The People v. Thomas Shawn Drummond

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


April 22, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
THOMAS SHAWN DRUMMOND, DEFENDANT AND APPELLANT.

(Super. Ct. No. 09SCR05853)

The opinion of the court was delivered by: Nicholson , Acting P. J.

P. v. Drummond

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 April 15, 2010, defendant Thomas Shawn Drummond was charged by information with driving under the influence and causing injury (count I; Veh. Code, § 23153); gross vehicular manslaughter (count II; Pen. Code, § 192, subd. (c)(1))*fn1 ; driving under the influence of a drug with injury (count III; Veh. Code, § 23153, subd. (a)); and driving without a valid license (count IV; Veh. Code, § 12500, subd. (a)). As to counts I through III, the information alleged two enhancements for personal infliction of great bodily injury (§ 12022.7, subd. (a)).

On June 10, 2010, defendant pled no contest to count II, with the understanding that the remainder of the information would be dismissed.

The preliminary hearing transcript and police reports, to which defendant stipulated as the factual basis for his plea, showed that on February 18, 2009, defendant, driving a 2008 Chevrolet Suburban northbound on Interstate 5 while under the influence of methamphetamine and marijuana, with Drew Brown, Casey Brooks, and Jessica Cano as passengers, lost control of the vehicle. It overturned, killing Cano and seriously injuring Brooks.

On July 9, 2010, the trial court sentenced defendant to a term of six years in state prison, with 426 days of presentence custody credit (213 actual days and 213 conduct days). The court ordered defendant to pay a $1,200 restitution fine (§ 1202.4, subd. (b)), a $1,200 restitution fine, suspended pending completion of parole (§ 1202.45), and victim restitution of $29,244.97.

We appointed counsel to represent defendant on appeal. 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 (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 elapsed, and we 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: ROBIE , J. MURRAY , J.


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