The People v. Fraher CA4/2
Opinion
Opinion
INTRODUCTION
On April 25, 2001, an information charged defendant and appellant Cecilia Agnes
Fraher with three counts of murder under Penal Code section 187, subdivision (a)
(counts 1-3), and three counts of gross vehicular manslaughter while intoxicated under
section 191.5, subdivision (a) (counts 4-6). The information also alleged a prior Vehicle
Code section 23152, subdivision (a), conviction within the meaning of section 191.5,
subdivision (d) (counts 4-6); however, according to the September 27, 2002, probation
officer’s report, on motion of the People, the trial court struck the prior allegation on
August 14, 2002.
On August 30, 2002, a jury convicted defendant of all charges. On March 28,
2003, the trial court sentenced defendant to a total indeterminate term of 45 years to life
in state prison.
On December 24, 2012, defendant filed a petition to modify her sentence under
the Three Strikes Reform Act of 2012. (§ 1170.126.) On January 14, 2013, the trial
court denied the motion without appearances; it found that section 1170.126 did not apply
to defendant.
On March 1, 2013, defendant filed a timely notice of appeal.