People v. Lottinville CA5

Filed 2/2/24 P. v. Lottinville 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085386 Plaintiff and Respondent, (Super. Ct. No. F21904902) v.

ALAN PIERRE LOTTINVILLE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jeffrey Y. Hamilton, Jr., Judge. Karriem Baker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

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* Before Levy, Acting P. J., Poochigian, J. and Smith, J.

Counsel for defendant Alan Pierre Lottinville has submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, asking this court to conduct an independent review of the record on appeal. Although we offered defendant the opportunity to present his own brief on appeal through a letter, he has not responded. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following our Supreme Court’s direction in Kelly, we provide a brief description of the facts and the procedural history of the case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL SUMMARY On June 22, 2021, a felony complaint was filed against defendant alleging he drove with a blood alcohol content (BAC) of at least 0.08 percent, causing injury to another person (Veh. Code,1 § 23153, subd. (b), a felony; count 1); drove while under the influence, causing injury to another person (§ 23153, subd. (a), a felony; count 2); while evading an officer, caused injury to another person (§ 2800.3, subd. (a), a felony; count 3); evaded an officer with wanton disregard (§ 2800.2, subd. (a), a felony; count 4); and drove while his driving privileges had been suspended due to a prior conviction for driving while under the influence (§ 14601.2, subd. (a), a misdemeanor; count 5). Counts 1 and 2 further alleged defendant drove with a BAC of 0.15 percent or higher (§ 23578), and that he personally inflicted great bodily injury during the commission of these offenses (Penal Code, § 12022.7, subd. (a)). On May 19, 2022, defendant pled no contest to counts 1 and 3, and admitted the count 1 enhancements alleging he drove with a BAC of 0.15 percent or higher and that he inflicted great bodily injury. As a result of this plea, the remaining counts in the