People v. Robinson CA3

Filed 8/26/16 P. v. Robinson CA3 Opinion following rehearing NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. OPINION ON REHEARING

MICHAEL DONTI ROBINSON,

Defendant and Appellant.

This appeal originated as a review pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) after defendant Michael Donti Robinson pleaded no contest to felony driving with a blood-alcohol content of 0.08 percent within 10 years of three or more felony driving under the influence (DUI) convictions (Veh. Code, § 23152, subd. (b)) and admitted four prior DUI convictions and a prior strike conviction and was sentenced to four years in state prison. Defendant’s counsel filed a Wende brief, and we subsequently filed our opinion finding no arguable error in defendant’s favor and affirming the judgment. (People v.

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Robinson (Apr. 12, 2016, C079234) [nonpub. opn.].) Defense counsel filed a petition for rehearing arguing that, due to a misunderstanding between defense counsel and defendant, this court never received defendant’s supplemental brief. We granted the petition for rehearing, vacated our opinion, and accepted defendant’s supplemental brief for consideration. Defendant’s claims going to the validity of his plea bargain are barred for lack of a certificate of probable cause. (Pen. Code, § 1237.5.)1 Therefore, we again affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND2 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 beer earlier in the day. Officer Newman conducted several field sobriety tests, all of which defendant performed unsatisfactorily. Preliminary alcohol screening testing revealed defendant had a blood-alcohol level of 0.13 percent. A subsequent blood test yielded the same result. Defendant was charged by criminal complaint, deemed the information, with felony DUI of alcohol within 10 years of three or more felony DUI convictions (Veh. Code, § 23152, subd. (a) – count one), and felony driving 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