Opinion
H038345
11-08-2012
THE PEOPLE, Plaintiff and Respondent, v. MILTON ELLIS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Santa Clara County
Super. Ct. No. C1122198)
Pursuant to a negotiated plea agreement, defendant Milton Ellis pleaded no contest to one count of driving under the influence and driving with a blood alcohol level over the legal limit with a prior felony conviction for driving under the influence within the past 10 years (Veh. Code, §§ 23152, 23550.5, subd. (a)), a felony. He also pleaded no contest to one count of driving on a suspended license (id. § 14601.2, subd. (a)), a misdemeanor, and admitted three prison priors (Pen. Code, § 667.5, subd. (b)). The trial court dismissed the prison priors in the interests of justice (id. § 1385) and sentenced defendant to the agreed-upon three years in prison.
We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. The 30 days have expired and we have received no written argument from defendant.
I. FACTUAL BACKGROUND
Because defendant waived his right to a preliminary hearing, we take the facts from those recited in the probation report.
On December 19, 2011, defendant was stopped for speeding by a California Highway Patrol officer. The officer suspected that defendant was under the influence of alcohol. Defendant failed sobriety testing in the field. He was arrested. Blood tests revealed that his blood alcohol content was .27 percent.
II. DISCUSSION
Defendant has not obtained a certificate of probable cause, which is required by Penal Code section 1237.5 when a defendant seeks to appeal from a judgment entered following a guilty or no contest plea. The certificate is not required when the notice of appeal states, as this one does, that the appeal is based upon the sentence or other matters occurring after the plea that do not affect the validity of the plea. (Cal. Rules of Court, rule 8.304(b)(4).) Accordingly, we have reviewed the whole record pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, focusing upon grounds for appeal arising after entry of the plea. Having done so, we conclude that there is no arguable issue on appeal.
III. DISPOSITION
The judgment is affirmed.
______________________
Premo, J.
WE CONCUR: ______________________
Rushing, P.J.
______________________
Elia, J.