People v. Canada CA2/4

Filed 11/13/13 P. v. Canada CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B245822

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA398368) v.

STEPHEN CANADA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Craig J. Mitchell, Judge. Dismissed. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Stephen Canada appeals from the judgment entered following his no contest plea to one count of felony driving under the influence and his admission that he had suffered a prior serious felony conviction and had served a prior prison term. (Veh. Code, § 23152, subd. (a), Pen. Code, §§ 667, subds. (b) through (i), 1170.12, subds. (a) through (d), 667.5, subd. (b).) For the reasons explained below, we dismiss his appeal.

FACTUAL AND PROCEDURAL BACKGROUND

As defendant entered a plea in this matter, we present an abbreviated version of the evidence that was presented at the preliminary hearing. On June 1, 2012, at approximately 7:10 p.m., Los Angeles Police Department Officer Alejandra Sotelo and her partner Officer Vigilant received a call from dispatch asking them to respond to the scene of a traffic accident. When she and her partner arrived, Sotelo observed a car against a light pole and defendant standing next to the vehicle. Sotello spoke to an individual, who informed her that he was inside his home when he heard a loud noise. He went outside, saw that a car had collided with a pole, and noticed that the driver appeared to be asleep behind the wheel. The male identified defendant as the driver. Sotelo had a conversation with a second person. She told Sotelo that she was walking when she saw a vehicle almost collide with a bus. The vehicle swerved and struck a light pole. The female identified defendant as the driver of the car that struck the pole. Sotelo observed defendant to be very sleepy. His speech was impaired, his face was flushed, and his eyes were bloodshot. She could not smell any alcohol on defendant’s breath. Vigilant conducted a driving under the influence investigation. Officer Raymond Kim is a trained drug recognition expert and has investigated cases involving people accused of driving under the influence of phencyclidine (PCP). On the evening of the accident, Kim spoke to Vigilant, who told him that defendant’s speech was slurred, he was unsteady on his feet, and he appeared to be drunk. Vigilant