People v. Hoang CA3

Filed 6/19/15 P. v. Hoang CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C077393

v. (Super. Ct. No. CRF134187)

THANH KIM HOANG,

Defendant and Appellant.

Appointed counsel for defendant Thanh Kim Hoang asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Based on our examination of the entire record, we will modify the judgment to dismiss two counts as provided in the plea agreement, and to award 16 days of presentence credit. We will affirm the judgment as modified. We will also direct the trial court to correct the minute order and abstract of judgment to reflect the oral pronouncement of judgment.

1

I City of West Sacramento Police Officer Daniel Gill responded to a vehicle accident. He saw a Toyota Prius with significant damage, and he also saw defendant and a man named Randolf standing over Randolf’s girlfriend Hope. Randolph and Hope had been passengers in the car. Hope was ejected from the car when it overturned. She was later pronounced dead at the scene. Defendant admitted he had been driving the car. Officer Gill observed defendant had bloodshot, watery eyes, his speech was slurred, and his breath smelled of alcohol. Defendant gave a blood sample approximately 30 minutes later, and his blood-alcohol content was 0.13 percent. An information charged defendant with vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (b) -- count 1), driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a) -- count 2), and driving with a blood-alcohol content of 0.08 or more causing injury (Veh. Code, § 23153, subd. (b) -- count 3). As to the latter two counts, the information also alleged defendant personally inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)) and caused injury to multiple victims (Veh. Code, § 23558). Defendant pleaded no contest to driving with a blood-alcohol content of 0.08 percent or above causing injury and admitted the allegation that he had personally inflicted great bodily injury. The plea agreement provided that defendant would be sentenced to two years on count 3, plus a consecutive three years on the enhancement allegation, for an aggregate term of five years. The plea agreement also provided that the remaining counts would be dismissed. The trial court sentenced defendant consistent with the plea agreement, but it did not dismiss the remaining counts. The trial court ordered defendant to pay a $300 restitution fine (Pen. Code, § 1202.4), a $300 parole revocation fine (Pen. Code, § 1202.45), a $50 crime lab analysis fee plus penalty assessments of $155 (Health & Saf. Code, § 11372.5), a $150 drug program fee plus