People v. Kincaid CA4/1

Filed 4/7/25 P. v. Kincaid CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D085020

Plaintiff and Respondent,

v. (Super. Ct. No. FVI24001468)

RODNEY KINCAID,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Zahara T. Arredondo, Judge. Affirmed. Mytili G. Bala, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Rodney Kincaid appeals the judgment sentencing him to prison after he pled guilty to driving under the influence of alcohol and admitted allegations he had a prior conviction of the same offense within the prior 10 years and a prior strike conviction. Counsel appointed to represent Kincaid on appeal filed a brief in which she raised no claims of error and asked us to review the

record independently for reversible error. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Having reviewed the record and found no prejudicial error, we affirm the judgment. BACKGROUND The People charged Kincaid with driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), driving with a blood alcohol level of 0.08 percent or more (id., subd. (b)), and hit-and-run driving with property damage (id., § 20002, subd. (a)). They alleged he had a prior conviction of driving under the influence of alcohol within 10 years (id., § 23550.5, subd. (a)(1)) and a prior conviction that constitutes a strike under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12). Kincaid pled not guilty and denied all allegations. At the preliminary hearing, San Bernardino County Deputy Sheriff David Padilla testified as follows. As a motorist was making a turn, Kincaid sideswiped the motorist’s vehicle and drove off. The motorist followed Kincaid, took a picture of his license plate, and provided the number to law enforcement officers. Padilla went to Kincaid’s house, but he was not there. A woman at the house told Padilla that Kincaid had been drinking and was involved in a hit-and-run accident. Several minutes later, Kincaid arrived at the house Padilla and a field training officer found him sitting in the driver’s seat of his vehicle. The license plate number matched the one reported by the motorist whose vehicle Kincaid had sideswiped, and Kincaid’s vehicle had scratches and dents consistent with a collision. Kincaid exited the vehicle with keys in hand and admitted he had been driving. He also admitted he had recently consumed three or four 12-ounce beers and two shots. Padilla saw an open, half-empty bottle of liquor on the center console of the vehicle, and Kincaid admitted he had consumed the missing liquor before the