People v. Robinson CA3

Filed 4/12/16 P. v. Robinson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C079234

Plaintiff and Respondent, (Super. Ct. No. 14F08157)

v.

MICHAEL DONTI ROBINSON,

Defendant and Appellant.

Appointed counsel for defendant Michael Donti Robinson has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I Defendant was charged by criminal complaint, deemed the information, with felony driving under the influence (DUI) of alcohol within 10 years of three or more felony DUI convictions (Veh. Code, § 23152, subd. (a) – count one), and felony driving

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with a blood-alcohol content of 0.08 percent within 10 years of three or more felony DUI convictions (Veh. Code, § 23152, subd. (b) – count two). The information also alleged defendant suffered four prior DUI convictions (Veh. Code, §§ 23152, subd. (b), 23103.5) and one prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12).1 Prior to the preliminary hearing, the trial court heard and denied defendant’s motion to strike the prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. Following the preliminary hearing, defendant filed a “Motion for Review of Record to Allow Defendant to Take an Offer Not Relayed to Him by Counsel.” Defendant argued a 32-month offer had previously been made to his prior counsel but was never relayed to him, resulting in prejudicial ineffective assistance of counsel. The prosecution opposed the motion arguing no 32-month offer was ever made. The trial court denied the motion. Defendant entered a negotiated plea of no contest to count two and admitted the four prior DUI convictions and the prior strike conviction in exchange for a stipulated sentence of four years (the middle term of two years, doubled for the prior strike) and dismissal of count one. The factual basis for the plea is as follows:2 On November 1, 2014, California Highway Patrol Officer Stephen Newman observed defendant make an illegal U-turn at an intersection. Officer Newman stopped defendant’s car and noticed defendant was exhibiting signs of intoxication, such as slurred speech, flushed complexion, red and watery eyes, and nervous, fidgety behavior. Defendant admitted having consumed one