People v. Avendano CA5

Filed 2/23/26 P. v. Avendano CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F089057 Plaintiff and Respondent, (Super. Ct. No. F20902486) v.

MARIO AVENDANO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Geoffrey Wilson, Judge. Ashwini Mate, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Amanda D. Cary and Joseph Penney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and De Santos, J.

INTRODUCTION Defendant Mario Avendano appeals after pleading no contest and being placed on a three-year term of probation for driving with a blood-alcohol content in excess of 0.08 percent. He argues that one condition of his probation constitutes an improper delegation of judicial authority. For the reasons set forth below, we affirm. PROCEDURAL AND FACTUAL BACKGROUND On December 8, 2019, defendant was driving a vehicle at a high rate of speed when he collided with a fence and caused the vehicle to rollover. He was ejected from the vehicle and treated at a hospital, where he exhibited signs of inebriation, and was determined to have a blood-alcohol content of 0.119 percent. Defendant’s passenger was his teenage brother who was rendered unconscious in the accident. The District Attorney of Fresno County filed a complaint on April 15, 2020, charging defendant with felony driving while doing an act forbidden by law while under the influence of an alcoholic beverage while having 0.08 percent or more, by weight, of alcohol in his blood causing injury (Veh. Code, § 23153, subd. (b); count 1); driving while doing an act forbidden by law while under the influence of an alcoholic beverage causing injury (Veh. Code, § 23153, subd. (a); count 2); misdemeanor driving while unlicensed (Veh. Code, § 12500, subd. (a); count 3); driving with a blood-alcohol content of 0.05 percent (Veh. Code, § 23140, subd. (a); count 4), an infraction; and failure to stop (Veh. Code, § 22450, subd. (a); count 5), an infraction. On October 3, 2024, defendant entered a plea of no contest to count 1, in exchange for the prosecution’s agreement to dismiss the remaining charges. Defendant stipulated to a blood-alcohol content of 0.11 percent and would participate in a driving under the influence class, as required by the Department of Motor Vehicles, and the adult offender work program, as required by probation, and pay various fines as part of the agreement. The probation report recommended the court suspend judgment for three years, place defendant on formal probation, and impose conditions that included: (condition 1)