P. v. Hernandez CA4/3

Filed 6/20/13 P. v. Hernandez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G047071

v. (Super. Ct. No. 11HF0141)

RIGOBERTO RICARDO HERNANDEZ, OPINION JR.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Meldie Moore, 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 Rigoberto Ricardo Hernandez, Jr., of felony driving under the influence of alcohol (Veh. Code, § 23152, subd. (a) (DUI))1 and felony driving with a blood-alcohol concentration of .08 percent or more (§ 23152, subd. (b)) and, as to both offenses, found true the allegation defendant had a blood alcohol- concentration of .20 percent or more (§ 23538, subd. (b)(2)). The trial court found true the allegations defendant had suffered a prior felony conviction for DUI within 10 years (§ 23550, subd. (a)), and defendant had served three prior prison terms but did not remain free of custody for a period of five years prior to the commission of the above felony offenses (Pen. Code, § 667.5, subd. (b)). Defendant also pleaded guilty to misdemeanor driving on a suspended license (§ 14601.2, subd. (a)). Defendant was sentenced to a total term of five years in prison consisting of the two-year midterm for DUI, plus three consecutive one-year prison priors, plus a separate consecutive 180-day sentence for driving on a suspended license. He filed a timely appeal. We appointed counsel to represent defendant on appeal. While not arguing against defendant, counsel filed a brief which fully set forth the facts of the case and advised us there were no arguable issues on appeal. The brief included a review of the record and consideration of possible arguments, but concluded none of those arguments had any chance of success. We informed defendant he had 30 days to file written argument on his own behalf. Three months have passed and we have received no such argument. We have reviewed the record of defendant’s trial and the brief filed by defendant’s counsel, and find ourselves in agreement with defendant’s counsel: There is no arguable error in the proceedings against defendant. (People v. Wende (1979) 25 Cal.3d 436.)