People v. Singh CA5

Filed 11/17/23 P. v. Singh CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F085731 Plaintiff and Respondent, (Super. Ct. No. F18901689) v.

JASVIR SINGH, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Michael G. Idiart, Judge. Deanna L. Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P. J., Smith, J. and Snauffer, J.

Appointed counsel for defendant Jasvir Singh filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After independently examining the record, we affirm. BACKGROUND In February 2022, Singh was charged in count 1 of driving under the influence of alcohol (DUI) causing injury while having a blood-alcohol level of 0.08 or more (Veh. Code, § 23153, subd. (b)); in count 2 of DUI causing injury (Veh. Code, § 23153, subd. (a)); and in count 3 of leaving the scene of an accident (Veh. Code, § 20001, subd. (a)). As to counts 1 and 2, it was further alleged that Singh drove with a blood-alcohol concentration of .15 or more (Veh. Code, § 23578); that he suffered a prior DUI conviction within 10 years (Veh. Code, § 23560); and that, in the commission of the current offense, he personally inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)). The case was assigned for jury trial on September 29, 2022. The following day, the trial court heard evidence on Singh’s motion in limine to exclude his post arrest statements under Miranda.1 The matter was continued to the following week for party argument and a court ruling. On October 5, 2022, prior to a ruling on the Miranda motion, Singh agreed to plead no contest to all charges and admit all enhancements for a court indicated “lid” sentence of four years, four months. Singh’s plea was entered under People v. West2 and the parties stipulated to the preliminary hearing as providing the factual basis for the plea. At sentencing on January 25, 2023, the trial court denied probation and sentenced Singh to four years, four months as follows: on count 1, the lower term of 16 months with