People v. Molleja CA4/1

STATEMENT OF FACTS

Appellant stated the facts of the offense in his change of plea. As part of his plea agreement, on his plea form and in open court, appellant admitted that he willfully and unlawfully, while under the influence of alcohol, drove a vehicle and concurrently violated Vehicle Code section 21453, subdivision (a), and in doing so, caused great bodily injury to Kathryn R. and Preston B. He further admitted that he had a blood alcohol level of .15 at the time of the offense and that Kathryn suffered a coma due to brain injury. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to independently review the record for error as mandated by Wende. We offered appellant the opportunity to file his own brief on appeal, but he has not responded.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks the court to independently review the record for error. To assist the court in its review of the record, and in compliance with Anders v. California (1967) 386 U.S. 738, counsel has identified a possible…