Opinion
D075272
06-30-2020
THE PEOPLE, Plaintiff and Respondent, v. ALEX RAFAEL GARCIA, Defendant and Appellant.
Patrick Dudley, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCD277066) APPEAL from a judgment of the Superior Court of San Diego County, Sharon Majors-Lewis, Judge. Affirmed. Patrick Dudley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
A jury convicted Alex Rafael Garcia of one count of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and one count of driving with a blood alcohol of .08 or greater (§ 23152, subd. (b)). As to both counts the jury found Garcia had a blood alcohol level of .15 or higher. Garcia admitted he had been convicted of four driving under the influence of alcohol offenses within the previous 10 years (§ 23550.5, subd. (a)).
All further statutory references are to the Vehicle Code unless otherwise specified. --------
The court sentenced Garcia to a three-year prison term.
Garcia filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating he has not been able to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Garcia the opportunity to file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
On May 1, 2018, Garcia was driving, having consumed a quantity of alcohol. His van ran into the rear end of the victim's car, which was stopped at a traffic light. The victim called 9-1-1 and followed Garcia for several blocks until his van stopped.
Once the van stopped the victim confronted Garcia. Several other people got involved and they restrained Garcia until police arrived.
Police administered two breath tests which showed a blood alcohol level of between .2222 to .232.
DISCUSSION
As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review of the record, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified two possible issues that counsel considered in evaluating the potential merit of this appeal:
1. Did prior trial counsel fail to advise Garcia of a non-prison plea offer. Does that matter where the offer was made again, and Garcia rejected it; and
2. Did the trial court err in failing to give jury instruction CALCRIM No. 302.
We have reviewed the entire record as mandated by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Garcia on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J. WE CONCUR: BENKE, Acting P. J. GUERRERO, J.