People v. Realmuto CA4/1

Filed 10/5/16 P. v. Realmuto CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D069994

Plaintiff and Respondent,

v. (Super. Ct. No. SCE338577)

PETER R. REALMUTO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Daniel B.

Goldstein, Margaret A. Power and Daniel G. Lamborn, Judges. Affirmed.

Michelle Rogers, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Appellant Peter R. Realmuto pled guilty to driving while having a measureable

blood alcohol (Veh. Code, § 23152, subd. (b)) and admitted three prior driving under the

influence convictions within 10 years (Veh. Code, §§ 23626, 23550, subd. (a)). The

court suspended imposition of a prison sentence and granted appellant five years' formal

probation on condition he agree to several terms and conditions associated with driving

under the influence convictions and serve 149 days in custody. (Pen. Code, § 1170, subd.

(h)(5)(A).)