Opinion
A102201.
10-17-2003
THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO RODRIGUEZ, Defendant and Appellant.
Francisco Rodriguez appeals from a judgment of conviction entered upon a plea of nolo contendere. Appellants court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
A complaint (Sonoma County Case No. TCR-410465) filed in November 2002 charged appellant with driving under the influence of alcohol after having suffered a felony conviction for a similar offense (Veh. Code, §§ 23152, subd. (a), 23550.5)[] and driving with a suspended license (§ 14601.2, subd. (a)), a misdemeanor.
A separate complaint (Sonoma County Case No. TCR-413365) filed in January 2003 charged appellant with driving under the influence of alcohol after having suffered a felony conviction for a similar offense (§§ 23152, subd. (a)), 23550.5), driving with a blood-alcohol level of .08 percent or above after having suffered a felony conviction for a similar offense (§§ 23152, subd. (b), 23550.5) and driving with a suspended license (& sect; 14601.5, subd. (a)), a misdemeanor. The complaint further alleged that the offenses were committed while appellant was released from custody on his own recognizance or bail, a sentencing enhancement (Pen. Code, § 12022.1).
Appellant pleaded nolo contendere in Sonoma County Case No. 410465 to driving under the influence of alcohol after having suffered a felony conviction for a similar offense (§§ 23152, subd. (a), 23350.5) and in Sonoma County Case No.TCR-413365 to driving with a blood-alcohol level of .08 percent or above after having suffered a felony conviction for a similar offense (& sect;§ 23152, subd. (b), 23350.5). The court then took under submission the prosecutions motion to dismiss the remainder of both complaints.
The court sentenced appellant to the aggravated term of three years in state prison for driving under the influence of alcohol after having suffered a felony conviction for a similar offense (& sect;§ 23152, subd. (a), 23550.5) and a consecutive eight months, or one-third the middle term, for driving with a blood-alcohol level of .08 percent or above after having suffered a felony conviction for a similar offense (§§ 23152, subd. (b), 23550.5). The court ordered appellant to pay a $1,600 restitution fine. In Sonoma County Case No. 410465, the court granted appellant 68 days total presentence credit, and in Sonoma County case No. 413365, the court granted him 3 days total presentence credit. The court then granted the prosecutions motion to dismiss the remainder of both complaints.
Before appellant entered his pleas, the court advised him of the constitutional rights he would be waiving and the direct consequences of his pleas. Appellant expressly waived his constitutional rights and knowingly and voluntarily pleaded nolo contendere in both cases.
Appellant was represented by counsel throughout the proceedings.
There was no sentencing error.
There are no issues that require further briefing.
The judgment is affirmed.
We concur: Lambden, J. and Ruvolo, J. --------------- Notes: Unless otherwise indicated, all statutory references are to the Vehicle Code.