People v. Espinoza CA5

Filed 5/21/15 P. v. Espinoza 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068140 Plaintiff and Respondent, (Super. Ct. No. BF143272A) v.

JAMES SANTIAGO ESPINOZA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Steven M. Katz and Thomas S. Clark, Judges. William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

James Santiago Espinoza pled no contest to driving while under the influence of alcohol (Veh. Code, § 23152, subd. (a))1 and pled guilty to driving with a license that had been suspended because of a prior driving under the influence violation (§ 14601.2, subd. (a)). Espinoza filed a notice of appeal without obtaining a certificate of probable cause. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. By letter dated April 2, 2014, we invited Espinoza to submit additional briefing. To date he has not done so. We find no appealable issues and affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY Count 1 of the information charged Espinoza with driving while under the influence of alcohol, in violation of section 23152, subdivision (a). This count also alleged Espinoza had been convicted of three separate violations of section 23152 within the preceding 10 years within the meaning of section 23550. Count 2 charged Espinoza with driving with a blood-alcohol content above 0.08 percent, in violation of section 23152, subdivision (b). This count also alleged the three prior violations within the preceding 10 years within the meaning of section 23550. Count 3 charged Espinoza with driving while under the influence of alcohol, in violation of section 23152, subdivision (a). This count differed from count 1 because it alleged Espinoza had suffered a prior felony conviction for violation of section 23152 within the preceding 10 years, in violation of section 23550.5. Count 4 charged Espinoza with driving with a blood- alcohol content in excess of 0.08 percent, in violation of section 23152, subdivision (b) and contained the same prior felony allegation as in count 3. Count 5 charged Espinoza with driving with a suspended license because of a prior driving while under the influence of alcohol conviction, in violation of section 14601.2, subdivision (a). Counts 1 through 4 were charged as felonies, while count 5 was charged as a misdemeanor.