DiSandro

People v. DiSandro

Good Law
111 Cal. Rptr. 3d 857·186 Cal. App. 4th 593·2010 Cal. App. LEXIS 1068
Court of Appeal of CaliforniaJuly 7, 2010E049726California4,838 words

Opinion

Opinion

Ramirez, J.

On July 14, 2008, defendant and appellant Shirley Ann Disandro, a letter carrier for the United States Postal Service (USPS), was cited by a Temecula police officer for driving at an unsafe speed (Veh. Code, § 22350) and driving with a load obstructing her control of the vehicle (Veh. Code, § 21700). On January 6, 2009, when defendant was not present, her trial was held in traffic court, and she was found guilty as alleged in the traffic citation.

On January 30, 2009, defendant appealed the judgment to the appellate division of the superior court, which rendered an affirming opinion on October 27, 2009. On December 15, 2009, on the court’s own motion, we ordered the case transferred to this court pursuant to California Rules of Court, rules 8.1002 and 8.1008(c)(1)(A), because a transfer was necessary to secure uniformity of decision and to settle an important question of law. No supplemental briefing was ordered or requested, and we determine the matter on the transferred record. Although we agree with the appellate division’s decision to affirm the judgment, we cannot agree with its reasoning.

FACTUAL AND PROCEDURAL BACKGROUND

According to the record, defendant was…

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