Opinion
H030001
12-15-2006
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL PATRICK AVINA, Defendant and Appellant.
In the late evening hours of March 29, 2004, a police officer came upon defendants car parked in the roadway. Defendant appeared to be asleep. The officer activated his lights, and defendant drove away. The officer pulled defendant over. Defendant smelled of alcohol and admitted that his license had been suspended. The officer observed nitrous oxide containers in the car. Defendant was arrested and charged with multiple counts in case number CC459130.
Defendant moved to suppress the evidence on the ground that the detention had been unjustified. His suppression motion was denied. In May 2005, defendant entered into a plea agreement in this case. He pleaded no contest to one felony count of driving under the influence with three or more prior convictions (Veh. Code, § 23152, 23550, subd. (a)), a misdemeanor count of being under the influence of nitrous oxide (Pen. Code, § 381, subd. (b)) and a misdemeanor count of driving with a suspended license. His pleas were entered in exchange for the dismissal of three other counts and an agreement that he would receive no more than 16 months in state prison.
On the evening of June 13, 2005, defendant was driving erratically and almost hit a police officer and another pedestrian. The officer detained him and determined that he was under the influence of alcohol. Defendant was arrested and charged with multiple counts in case number CC595042. He entered into a plea agreement in this case. Defendant agreed to plead no contest to a felony count of driving under the influence with three or more prior convictions (Veh. Code, § 23152, 23550, subd. (a)) and a misdemeanor count of driving with a suspended license and to admit an on-bail enhancement allegation (Pen. Code, § 12022.1). His pleas and admission were entered in exchange for dismissal of three other counts and an agreed sentence for both cases of two years in state prison, composed of 16 months for case number CC459130 and a consecutive term of 8 months for case number CC595042. The agreed sentence was imposed, and defendant filed notices of appeal that we have deemed timely.
Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgments are affirmed.
We Concur:
McADAMS, J.
DUFFY, J.