People v. Gravelle CA3

Filed 4/6/16 P. v. Gravelle CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C079388

Plaintiff and Respondent, (Super. Ct. No. CM041883)

v.

EDWARD LEROY GRAVELLE,

Defendant and Appellant.

Appointed counsel for defendant Edward Leroy Gravelle has asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

BACKGROUND Defendant was charged by criminal complaint with felony driving under the influence of alcohol (DUI) (Veh. Code, § 23152, subd. (a)--count 1), felony driving with a blood-alcohol content of 0.08 percent within 10 years of a prior felony DUI conviction (Veh. Code, § 23152, subd. (b)--count 2), and misdemeanor driving while the driving privilege is suspended or revoked for DUI (Veh. Code, § 14601.2, subd. (a)--count 3). The complaint alleged that, as to counts 1 and 2, defendant suffered two prior DUI convictions (Veh. Code, §§ 23550, 23550.5) and a prior prison term (Pen. Code, § 667.5, subd. (b)).1 Thereafter, defendant was charged by information with charges and allegations identical to those in the previously filed complaint, plus seven additional prison priors. (§ 667.5, subd. (b).) Defendant entered a negotiated plea of no contest to count 1 and admitted the two attendant prior DUI convictions and one prison prior in exchange for a stipulated sentence of four years and dismissal of the remaining charges and allegations against him pursuant to People v. Harvey (1979) 25 Cal.3d 754. The parties stipulated to the following factual basis for the plea: On August 9, 2014, defendant was involved in “a single motorcycle traffic collision in the Skyway area in Butte County.” Defendant, who “was found lying in a ditch on Skyway,” stated “he was the driver and he was struck by a vehicle and ejected off of the motorcycle.” However, he could not provide details regarding the vehicle that struck him, including what direction the vehicle was travelling. Defendant “had objective symptoms of alcohol; red, watery eyes; odor of alcohol on the breath.” “He claimed he had consumed one beer; however, his PAS test was .10 [percent] and blood test was .11 [percent].” Defendant had sustained a prior felony DUI conviction.