Tuesday, February 5, 2008

Diagnostic study for DUI with Great Bodily Injury?

California DUI lawyer case update

People v. Harrison (Unpub., DCA4 – 2-5-08) (Note: Another Wende Brief from appointed counsel)

Def. pled guilty to DUI of alcohol, causing injury (VC §23153(a)) and driving with a blood-alcohol level exceeding .08%, causing injury. (VC §23153(b).) She also admitted inflicting GBI injury on the victim (PC §12022.7(a)) and injuring a person in addition to the victim. (VC §23558.) She was sentenced to prison and appealed. In People v. Harrison, case No. E038120, we affirmed her convictions, but vacated her sentence and remanded the matter to the trial court so it could order a diagnostic study, pursuant to PC §1203.03. Subsequently, a diagnostic study was performed and a report generated. Additionally, def.’s original probation officer submitted an updated report, as did her current probation officer. Both recommended prison. The trial court sentenced def. to prison for 6 years. Def. appealed, and upon her request this court appointed counsel to represent her. Counsel has filed a brief under the authority of P. v. Wende (1979) 25 C3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record. We offered def. an opportunity to file a personal supplemental brief, which she has not done. We have now concluded our independent review of the record and find no arguable issues. The judgment was affirmed.