1 Filed 12/23/14 P. v. Buffam CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent,

v. PATRICIA LYNN BUFFAM, Defendant and Appellant. A141081
(Sonoma County Super. Ct. Nos. SCR630279, SCR638425)

Defendant Patricia Lynn Buffam was sentenced in two separate drunk-driving cases after she pleaded no cont est to violations of the Vehicle Code. Her counsel has asked this court for an independent review of the record to determ ine whether there are any arguable issues. ( People v. Wende (1979) 25 Cal.3d 436.) We find no arguable issues and affirm, but we order Buffam’s ab stract of judgment amended to correct a clerical error. In case No. SCR630279, Bu ffam was arrested and charged after she drove while intoxicated in Rohnert Park on February 15, 2013, and co llided with so meone else’s vehicle. On June 25, she pleaded no contest to one count of driving under the influence with a blood-alcohol level of 0.08 percent or higher (Veh. Code, § 23152, subd. (b)) 1 and admitted allegations that she ha d been convicted three previous times of violations of the Vehicle Code (§ 23550) and that her concentr ation of blood alcohol was 0.20 percent by weight or higher (§ 23538, subd. (b)(2)). Bu ffam’s plea form states the trial court had

1 All statutory references are to the Vehicle Code unless otherwise specified.2 indicated a sentence of two years and that she would be sentence d to county jail under Penal Code section 1170, subdivision (h), the Criminal Justice Reali gnment Act of 2011. After Buffam entered her plea and she was convi cted, the trial court referred the matter to the probation department and pu t the matter over for sentencing. Before the trial court sentenced Buffam, she was arrested and charged in case No. SCR638425 after she again drove while intoxicated in Rohnert Park on August 13, 2013, and collided w ith another car. As in the first case, she faced an allegation under section 23550 that she had suffered three or more convictions under section 23152 within the previous 10 years. She al so faced an additional allegati on under section 23550.5 that she previously had suffered a felony conviction of section 23152—a reference to her June 25 conviction in the first case. Where an allegation is found true under section 23550.5, a defendant is no longer eligible to be se ntenced under the Realignment Act. ( People v. Guillen (2013) 212 Cal.App.4th 992, 995.) In the second case, Buffam ultimately plead ed no contest to one count of driving under the influence with a blood-alcohol le vel of 0.08 percent or higher (§ 23152, subd. (b)) and admitted allegatio ns that she was out on bail at the time of the commission of the offense (Pen. Code, § 12022.1) and th at her concentration of blood alcohol was 0.20 percent by weight or higher (§ 23538 , subd. (b)(2)). Her plea form states she admitted the violation of section 23152, subdiv ision (b) “w/ 4 priors.” The four prior convictions listed in the info rmation included Buffam’s June 25 conviction in the first case. Unlike when the trial c ourt took her plea in the first case, however, the court did not specifically inquire about he r previous convictions when it took her plea in the second case. At a subsequent heari ng on January 30, 2014, to di scuss the probation report, the court clarified with both Buffa m and her attorney that Buffa m had been advised she was no longer eligible to be sentenced under the Realignment Act after her plea in the second case and that any sentence she recei ved would be served in prison. The trial court sentenced Buffam in both cases on February 4, 2014. Buffam’s attorney argued Buffam should receive probation so that she could comp lete an in-patient treatment program, but the trial court sentenced her to four years, eight months in prison,3 calculated as follows: the midterm of two years for the section 23152, subdivision (b) count in the second case, plus a consecutive two years for committi ng that offense while out on parole (Pen. Code, § 12022.1), plus one third the midterm (eight months) for the section 23152, subdivision (b) count in the first case. The trial court also imposed various fines and fees and orde red her to pay restitu tion to the people whose cars she hit. As this appeal follows pleas of no cont est, our review is limited to Buffam’s sentence or other matters occurring after her pleas that do not affect th eir validity. (Cal. Rules of Court, rule 8.304(b).) No error a ppears in her sentence. However, that correct sentence is not accurately reflect ed in Buffam’s abstract of judgment. Although the total prison term is accurate, the abstract states that Buffam received eight months for the onbail enhancement under Penal Code section 12022 .1 in the second case and two years for the conviction under section 23152, subdivision (b) in the first cas e, instead of vice versa. ( People v. Mitchell (2001) 26 Cal.4th 181, 186-188 [a ppellate court may correct unraised clerical error].)
D ISPOSITION There are no meritorious issues to be ar gued on appeal. However, the trial court is directed to amend Buffam’s abst ract of judgment to reflect th at she was sentenced in case No. SCR638425 to two years for her conviction under sec tion 23152, subdivision (b), plus a consecutive two years under Penal Code section 12022.1 in the same case, plus a consecutive eight months for her conviction u nder section 23152, subdivision (b) in case No. SCR630279, as reflected in the court’s mi nute orders and its oral pronouncement. The trial court is directed to send a cer tified copy of the ame nded abstract to the Department of Corrections and Rehabilitation. The judgment otherwise is affirmed.4 _ ____________ ____________ Humes, P.J.

We concur:

_____________ ____________ Margulies, J.

_____________ ____________ Banke, J.