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People v. Gonzalez

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX
Feb 14, 2012
2d Crim. No. B232282 (Cal. Ct. App. Feb. 14, 2012)

Opinion

2d Crim. No. B232282 Super. Ct. No. SA075749

02-14-2012

THE PEOPLE, Plaintiff and Respondent, v. ALVERTO GONZALEZ, Defendant and Appellant.

Holly J. Jackson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County)

Alverto Gonzalez appeals from the judgment after he waived jury and the trial court convicted him of felony driving under the influence of alcohol (DUI) (Veh. Code, § 23152, subd. (a)). Appellant admitted five prior DUI convictions (Veh. Code, §§ 23550; 23550.5) and a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)), and was sentenced to two years four months state prison. The trial court imposed various fines and fees and awarded 328 days presentence custody credit.

We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, she filed an opening brief in which no issues were raised. On December 9, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider.

On January 27, 2012, appellant filed a supplemental brief stating, among other things, that the arresting officer was not credible and that he was denied effective assistance of trial counsel. These contentions are not supported by the record. (Strickland v. Washington (1984) 466 U.S. 668, 687 [80 L.Ed.2d 674, 693]; People v. Bolin (1998) 18 Cal.4th 297, 333.)

The record shows that appellant rejected a plea offer on February 15, 2011, discharged his retained counsel, and was represented by court appointed counsel. The trial court denied appellant's Marsden motion (People v. Marsden (1970) 2 Cal.3d 118) on March 17, 2011, three weeks before trial.

At trial, evidence was received that Los Angeles Police Officers Davila and Jolecoeur stopped appellant for operating a vehicle with expired registration tags and three outstanding warrants. Appellant did not have a valid California driver's license, a current vehicle registration, or proof of insurance.

Appellant appeared to be under the influence of alcohol and was asked to perform field sobriety tests which he failed. Officers detained appellant, searched the vehicle, and found a cold six-pack of 24 ounce beer cans in the back seat. Four beer cans were unopened, one was empty, and one was half empty.

Appellant admitted consuming two beers, was arrested, and attempted to take two breath tests. Appellant refused to submit to a chemical test and said "I don't care. I'm not going to blow or give you a sample. . . I told you I had about three beers. You have no reason to bring me here."

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 125-126.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

YEGAN, J.

We concur:

GILBERT, P.J.

PERREN, J.

Antonio Barreto, Jr., Judge

Superior Court County of Los Angeles

Holly J. Jackson, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.


Summaries of

People v. Gonzalez

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX
Feb 14, 2012
2d Crim. No. B232282 (Cal. Ct. App. Feb. 14, 2012)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ALVERTO GONZALEZ, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

Date published: Feb 14, 2012

Citations

2d Crim. No. B232282 (Cal. Ct. App. Feb. 14, 2012)