People v. Brogdon CA3

BACKGROUND

The details of the offenses in this case are not relevant to defendant’s appeal of her upper term sentence, so we omit them. A jury found defendant guilty of evading a peace officer (Veh. Code, § 2800.2, subd. (a)), resisting a peace officer (Pen. Code, § 148, subd. (a)),1 and driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)). During trial, defendant also pleaded guilty to driving with a suspended license (Veh. Code, § 14601.1, subd. (a)). At the sentencing hearing, the trial court considered as aggravating circumstances: (1) defendant’s prior convictions (Cal. Rules of Court, rule 4.421(b)(2));2 (2) prior violations of probation and parole (rule 4.421(b)(5)); (3) the fact that defendant was on probation when she committed the current offense (rule 4.421(b)(4)); and (4) defendant’s “total disregard for the safety of others” in driving under the influence, which could easily have resulted in the death of an innocent person (rule 4.421(a)(1)). The trial court considered as mitigating circumstances: (1) defendant’s gainful employment since the offense and (2) defendant’s success participating in various Placer County support programs, as evidenced by…