People v. Luna CA1/5

Filed 5/10/16 P. v. Luna CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A145952 v. RICARDO VICENTE LUNA, (Napa County Super. Ct. No. CR173469, CR174025) Defendant and Appellant.

Ricardo Vicente Luna appeals from a judgment of conviction and sentence imposed after he entered no contest pleas to multiple charges. His attorney has filed a brief seeking our independent review of the record, pursuant to People v. Wende (1979) 25 Cal.3d 436 (see Anders v. California (1967) 386 U.S. 738), in order to determine whether there is any arguable issue on appeal. We find no arguable issue and affirm. I. FACTS AND PROCEDURAL HISTORY In superior court case number CR173469, an information charged appellant with making a criminal threat (Pen. Code, § 422); driving under the influence (Veh. Code, § 23152, subd. (a)); driving while having a blood alcohol level of 0.08 percent or higher (Veh. Code, § 23152, subd. (b)); child abuse (§ 273a, subd. (a)); disturbing the peace for the benefit of a criminal street gang (§§ 415; 186.22, subd. (d)); active participation in a criminal street gang (§ 186.22, subd. (a)); and driving a motor vehicle when driving

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privileges had been suspended for prior convictions (Veh. Code, § 14601.2, subd. (a)).1 The information further alleged multiple criminal street gang enhancements (§ 186.22, subds. (b)(1)(B) & (b)(1)(A)) and a prior prison term enhancement (§ 667.5, subd. (b)). In addition, it alleged that appellant had suffered prior convictions that subjected him to sentencing under Vehicle Code sections 23550 and 23550.5. In superior court case number CR174025, an information charged appellant with driving under the influence (Veh. Code, § 23152, subd. (a)); driving while having a blood alcohol level of 0.08 percent or higher (Veh. Code, § 23152, subd. (b)); and driving a motor vehicle when driving privileges had been suspended for prior convictions (Veh. Code, § 14601.2, subd. (a)). The information further alleged that appellant refused to take a chemical test to determine his blood alcohol level (Veh. Code, § 23578) and he was on bail on his own recognizance in case number CR173469 at the time of the commission of the offenses (§ 12022.1). In addition, it alleged that appellant had suffered prior convictions that subjected him to sentencing under Vehicle Code sections 23550 and 23550.5. While represented by counsel, appellant signed a written plea agreement by which he reached a negotiated disposition in both cases. As to case number CR173469, he agreed to enter no contest pleas to a felony charge of making a criminal threat (§ 422), felony driving while having a blood alcohol level of 0.08 percent or higher (Veh. Code, § 23152, subd. (b)), and misdemeanor driving a motor vehicle when driving privileges had been suspended for prior convictions (Veh. Code, § 14601.2, subd. (a)). He also admitted a one-year prior prison term enhancement (§ 667.5, subd. (b)). As to case number CR174025, appellant agreed to enter no contest pleas to one felony count of driving while having a blood alcohol level of 0.08 percent or higher (Veh. Code, § 23152, subd. (b)) and one misdemeanor count of driving a motor vehicle when driving privileges had been suspended for prior convictions (Veh. Code, § 14601.2, subd. (a)). He also admitted that he refused to take a chemical test to determine his blood