Opinion
G053474
01-27-2017
THE PEOPLE, Plaintiff and Respondent, v. JOHN RONNIE TIPPINS, Defendant and Appellant.
Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 14WF3424) OPINION Appeal from an order of the Superior Court of Orange County, Derek Guy Johnson, Judge. Affirmed. Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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INTRODUCTION
Defendant John Ronnie Tippins pleaded guilty to five counts relating to driving under the influence of alcohol and admitted prior conviction and prison term allegations that were alleged in an amended felony complaint. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel identified a potential issue to assist us in our independent review. We provided defendant 30 days to file written argument on his own behalf; he did not do so.
We have examined the entire record and appointed counsel's Wende/Anders brief; we have found no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.
BACKGROUND
Defendant was charged in an amended felony complaint with two felonies: driving under the influence of alcohol, with a prior felony conviction within 10 years, in violation of Vehicle Code section 23152, subdivision (a); and driving with a blood alcohol level of 0.08 percent or more, with a prior felony conviction within 10 years, in violation of section 23152, subdivision (b). (All further statutory references are to the Vehicle Code unless otherwise specified.) With regard to both felony counts, the amended felony complaint alleged defendant had suffered a prior conviction for violating section 23152, subdivision (b).
With regard to this offense, the amended felony complaint further alleged, pursuant to Vehicle Code section 23538, subdivision (b)(2), that defendant drove with a blood alcohol level of 0.20 percent or more.
Defendant was also charged in the amended felony complaint with misdemeanor hit and run with property damage in violation of section 20002, subdivision (a); misdemeanor driving with a suspended or revoked license with a prior conviction in violation of section 14601.2, subdivision (a); and misdemeanor operating a motor vehicle not equipped with a functioning ignition interlock device in violation of section 23247, subdivision (e). The amended felony complaint alleged defendant had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b).
The amended felony complaint alleged defendant had suffered two prior convictions for violating section 14601.1, subdivision (a). --------
Defendant pleaded guilty to all five counts and admitted the prior prison term and prior conviction allegations contained in the amended felony complaint. Defendant made the following factual statement as the basis for his guilty plea: "In Orange County, California, on 8/30/14, I did willfully & unlawfully drive a vehicle while under the influence of an alcoholic beverage and pursuant to VC Section 23550.5(a), I have previously violated section VC 23153, which resulted in a felony conviction and was driving when my BAC was .08 or higher, to wit: .35. I suffered violations for VC 23152(b) in case LAM1MP0853901 & for VC 23152(a) in case SBAYA08340201. I also committed hit & run w/ property damage and was driving on a suspended license knowing that my license was suspended. I have priors for VC 14601.2(a) in cases 1NG91G0210501 & LAM1M0853901 & I was operating a motor vehicle not equipped w/a functioning ignition interlock device."
In March 2016, the trial court sentenced defendant to a total prison term of four years, plus two years in jail, but suspended execution of sentence and placed defendant on formal probation for six years with terms and conditions that included he serve 14 days in jail.
In April 2016, a petition seeking an arraignment of defendant on a probation violation was filed, stating that after defendant was placed on probation, he violated a condition of probation by driving a car with a suspended driver's license. At the probation violation arraignment, defendant admitted the violation. The trial court revoked defendant's probation, reinstated it, and ordered defendant to serve 180 days in jail. Defendant appealed.
ANALYSIS
We have reviewed the record in accordance with our obligations under Wende and Anders, and we find no reasonably arguable issues on appeal. Defendant himself has not raised any issues for our review. (People v. Kelly (2006) 40 Cal.4th 106, 120, 124.)
DISPOSITION
The order is affirmed.
FYBEL, J. WE CONCUR: ARONSON, ACTING P. J. THOMPSON, J.