People
v.
Kaupang

This case is not covered by Casetext's citator
COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Lassen)Nov 6, 2018
C086868 (Cal. Ct. App. Nov. 6, 2018)

C086868

11-06-2018

THE PEOPLE, Plaintiff and Respondent, v. TONYA KAUPANG, Defendant and Appellant.


NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CR034967)

On April 30, 2017, D. R. went to the park with two other people. While there, Raymond Johnson confronted D. R. about reporting Danny Anakalea to police for stealing his truck. After D. R. admitted making the report, Johnson hit him in the face. D. R. turned to leave the park. He then heard a car engine start and saw a car drive toward him, nearly hitting him. Anakalea was driving and defendant Tonya Kaupang was inside the car. The car chased after D. R. Defendant and Anakalea got out of the car, caught up to D. R., and hit and kicked him. Sometime during the incident, D. R. was stabbed.

Defendant was charged with attempted murder, two counts of assault with a deadly weapon, and one count of battery with serious bodily injury. The information further alleged that defendant personally inflicted great bodily injury for the attempted murder and assault with a deadly weapon charges.

In January 2018, one count of assault with a deadly weapon (a car) was amended to assault with force likely to cause great bodily injury. Thereafter, based upon a plea agreement for a maximum of three years in prison and the possibility of probation, defendant pled guilty to this amended count and the remaining charges were dismissed.

In March 2018, defendant was sentenced to three years in prison. The court imposed a $300 restitution fine, a $300 parole revocation restitution fine, suspended unless parole was revoked, a $30 criminal conviction assessment, a $40 court operations assessment, and a $69.03 booking fee. The court awarded defendant 55 days of actual credit and 54 days of conduct credit for a total of 109 days of custody credit. Defendant timely appealed.

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting that this court review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of her right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we have received no communication from defendant.

Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

/s/_________


Robie, J. We concur: /s/_________
Raye, P. J. /s/_________
Blease, J.