People v. Lozano CA3

Filed 12/9/25 P. v. Lozano CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C102734

v. (Super. Ct. Nos. 24CF04313, 23CM00964) MANUEL ALEJANDRO LOZANO,

Defendant and Appellant.

Appointed counsel for defendant Manuel Alejandro Lozano asked this court to review the record in two cases – misdemeanor case No. 23CM00964 (case No. 64) and felony case No. 24CF04313 (case No. 13) – and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Prior

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to filing the Wende brief, however, appointed counsel asked us to determine this court’s jurisdiction over the appeal from the misdemeanor case. Because we lack appellate jurisdiction over defendant’s appeal from the misdemeanor case, we will transfer it to the appellate division of the superior court. As for felony case No. 13, finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I Pursuant to a plea agreement in case No. 64, defendant pleaded no contest to misdemeanor driving under the influence (DUI) (Veh. Code, § 23152, subd. (a)) and admitted an enhancement allegation that his blood alcohol content was greater than .15 percent (Veh. Code, § 23578). The trial court placed defendant on informal probation for five years with 20 days in jail.1 In case No. 13, defendant pleaded no contest to felony injuring a spouse or co- habitant after a prior conviction for the same crime. (Pen. Code, § 273.5, subd. (f)(1).)2 The trial court sentenced defendant to the middle term of four years in state prison, imposed various fines and assessments, reserved jurisdiction regarding victim restitution, and awarded defendant 53 days of actual credit and 52 days of conduct credit. In case No. 64, the trial court terminated probation and sentenced defendant to a concurrent term of six months. Defendant did not obtain a certificate of probable cause.

1 Defendant also pleaded no contest to DUI in case No. 22CM05963, and to injuring a spouse or cohabitant (Pen. Code, § 273.5) in case No. 23CF04737. Those cases are not part of this appeal. 2 Undesignated statutory references are to the Penal Code.