People v. Gonzalez CA4/3

Filed 2/25/21 P. v. Gonzalez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G058949

v. (Super. Ct. No. 18CF0125)

IVAN GONZALEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Patrick Donahue, Judge. Affirmed. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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A jury convicted defendant Ivan Gonzalez of second degree implied malice murder (Pen. Code, § 187, subd. (a)) and drunk driving offenses (Veh. Code, § 23153, subds. (a) & (b).) The jury also found true allegations Gonzalez had suffered two separate drunk driving convictions. (Veh. Code, § 23566.) The trial court sentenced Gonzalez to an aggregate indeterminate prison term of 15 years to life, and a determinate prison term of 7 years to be served consecutively. Gonzalez’s appointed counsel filed an appellate brief setting forth the facts of the case but advised the court she could find no issues to argue on Gonzalez’s behalf. Gonzalez responded to our invitation to submit written argument on his own behalf by filing a brief raising several issues. We have examined the entire record, reviewed issues Gonzalez’s counsel presented for our consideration and also considered Gonzalez’s brief, but have not found an arguable issue. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Accordingly, we affirm the judgment. I FACTS AND PROCEDURAL HISTORY A. Fatal Collision and Convictions on All Charges and Allegations In January 2018, after consuming several alcoholic drinks at a bar, Gonzalez drove his vehicle on the wrong side of Interstate 5. He collided head on with a vehicle traveling in the correct direction, killing the vehicle’s driver and severely injuring the passenger. At trial, the parties stipulated that three hours after the collision Gonzalez’s blood alcohol content was more than double the legal limit. The prosecution presented a video showing Gonzalez consuming alcohol at a bar with a woman and handing her his keys when they left the bar, about two hours before the collision. A California Highway Patrol officer testified he chased Gonzalez’s vehicle in his patrol car for about five miles, with lights and sirens on, in excess of 100 miles an