People v. Robinson CA5

Filed 4/18/14 P. v. Robinson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F066527

v. (Super. Ct. No. RF6258A)

EDDIE DEWAYNE ROBINSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Hassan Gorguinpour, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J. and Kane, J.

INTRODUCTION On January 23, 2012, appellant, Eddie Dewayne Robinson, was charged in a criminal complaint with felony drunk driving with a qualifying prior drunk driving conviction (Veh. Code, §§ 23152, subd. (a) & 23550.5, count 1) and felony driving under the influence with a blood alcohol level of .08 percent or higher and a qualifying prior drunk driving conviction (Veh. Code, §§ 23152, subd. (b) & 23550.5, count 2). Enhancements were alleged that appellant’s blood alcohol level was .15 percent or greater, he was not eligible for sentencing pursuant to Penal Code section 1170, subdivisions (h)(3) and (f), and for five prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). On March 13, 2012, the trial court suspended proceedings to have appellant’s competency to stand trial evaluated pursuant to Penal Code section 1368. Dr. Michael Gunther was appointed to evaluate appellant. On April 3, 2012, the court received the report of Dr. Gunther and found appellant competent to stand trial. Dr. Gunther was reappointed to evaluate appellant a second time on June 7, 2012. After receiving Dr. Gunther’s second report on July 3, 2012, the trial court denied defense counsel’s request for a second report by another doctor and the motion to suspend proceedings pursuant to Penal Code section 1368. After several continuances, defense counsel secured a second psychological report. On October 25, 2012, the parties stipulated that the doctors would testify in accordance with their reports and the trial court found appellant competent to stand trial. On November 8, 2012, the parties entered into a plea agreement. Appellant initialed and executed a felony advisement of rights, waiver, and plea form, setting forth that in exchange for admitting count one and two prior prison term enhancements, appellant would receive a prison term of two years on count one and a consecutive term of two years on the prior prison term enhancements. The remaining allegations would be