People v. Wallace CA1/2

Filed 10/25/23 P. v. Wallace CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A167965 v. VINCENT JAMAL WALLACE, (Solano County Super. Ct. No. VCR239404) Defendant and Appellant.

Defendant Vincent Jamal Wallace appeals from a judgment of conviction after he pleaded no contest to driving with a blood alcohol content of higher than 0.08 percent and was sentenced to 16 months in prison. Wallace’s court-appointed counsel has asked this court to independently examine the record in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine if there are any arguable issues that require briefing. Counsel advised Wallace of his right to file a supplemental brief, and he did not do so. We have independently reviewed the record in accordance with our Wende obligations and find no meritorious issues. We thus affirm. BACKGROUND On March 7, 2022, the Solano County District Attorney filed a felony complaint charging Wallace with several DUI offenses, all having taken place on February 3, 2022: driving under the influence of alcohol

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(Veh. Code, § 23152, subd. (a))1 (count 1), driving while having a 0.08 percent or higher blood alcohol (§ 23152, subd. (b)) (count 2), driving with a suspended license due to a prior DUI conviction (§ 14601.2, subd. (f)) (count 3), unlawful vehicle operation (§ 23247, subd. (e)) (count 4), and operating a motor vehicle with a blood alcohol content of 0.01 or greater while on probation (§ 23154, subd. (a)) (count 5). The complaint further alleged that as to counts 1 and 2, Wallace had a blood alcohol content of 0.15 percent or higher within the meaning of section 23578, and that he suffered three prior DUI convictions within the meaning of section 23550.5. On April 17, 2023, pursuant to a plea agreement, Wallace pleaded no contest to count 2 and admitted each of the three DUI priors, in exchange for a sentence of the low term of 16 months, to run concurrently to the sentence Wallace was already serving in “Marin County Case # 017586,”2 and dismissal of the remaining counts. The prosecutor and defense counsel stipulated to a factual basis for the plea in the police reports. The prosecution dismissed the remaining counts. Wallace requested that he be sentenced that same day.3 The trial court then sentenced Wallace pursuant to the plea agreement to the low term of 16 months concurrent to “Marin case of 017586.” The trial court imposed a