Opinion
A167405
01-11-2024
THE PEOPLE, Plaintiff and Respondent, v. VINCENT JAMAL WALLACE, Defendant and Appellant.
NOT TO BE PUBLISHED
Marin County Super. Ct. No. SC220308A
We resolve this case by memorandum opinion because it raises no substantial issue of fact or law. (Cal. Stds. Jud. Admin., § 8.1.)
CHOU, J.
Defendant Vincent Jamal Wallace appeals from a judgment following his plea of guilty to driving with a blood alcohol content (BAC) of .08 percent or more (Veh. Code, § 23152, subd. (b)), with three prior convictions within 10 years for driving under the influence (id., § 23550, subd. (a)). Wallace's appointed counsel on appeal filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having conducted an independent review of the record pursuant to the holding in that case, we affirm.
All subsequent statutory references are to the Vehicle Code unless otherwise specified.
On July 23, 2020, Wallace's neighbor called the police to report that Wallace had crashed into the garage door with his vehicle. When the police arrived, the neighbor said she observed Wallace "stumbling about the vehicle after she heard a loud bang, and then go[ing] into his apartment and appearing to be intoxicated." The police knocked on Wallace's door but no one answered, although a female was heard yelling from inside that she was bedridden and could not open the door. While the police continued to knock, they were notified that Wallace had two outstanding arrest warrants. After some time, Wallace opened the door and the police placed him in handcuffs. He emitted a strong odor of alcohol and was unsteady on his feet as the police escorted him to the patrol car.
The police asked Wallace about the collision. He responded that he was not driving but requested medical attention because his hands felt numb. Before being transported for medical evaluation, the police administered a preliminary alcohol screening (PAS) test. A manual capture from the PAS device showed that Wallace had a BAC of .234 percent, which was lower than what the actual result would have been had enough breath sample passed through the device for an automatic capture. The police also found an empty bottle of alcohol in the back seat of Wallace's vehicle.
In August 2022, plaintiff and respondent the People of the State of California (People) filed an information charging Wallace with: (1) driving a vehicle under the influence of alcohol with three prior convictions within 10 years for driving under the influence, a felony (§§ 23152, subd. (a) &23550, subd. (a); count 1); (2) driving a vehicle with a BAC of .08 percent or higher, with the same prior convictions (§§ 23152, subd. (b) &23550.5, subd. (a); count 2); (3) operating a vehicle not equipped with a functioning ignition interlock device (§ 23247, subd. (e); count 3); (4) driving with a suspended or revoked driver's license for driving under the influence (§ 14601.2, subd. (a); count 4); and (5) driving with a suspended or revoked license for refusing a chemical test or driving with excessive blood alcohol (§ 14601.5, subd. (a); count 5).
Wallace was held to answer to all alleged charges following a preliminary hearing. Wallace subsequently filed a motion to set aside the information, which the trial court denied. On October 28, 2022, pursuant to a negotiated plea agreement, Wallace pled guilty to driving with a BAC of .08 percent or above (count 2) and admitted his three prior convictions within 10 years for driving under the influence. Wallace also admitted to the truth of several aggravating factors, including that he had a BAC of .234 percent and that he willfully and unlawfully failed to complete a chemical test. The parties stipulated to a factual basis for the plea. The trial court dismissed the remaining counts per the People's motion.
In accordance with the negotiated plea, the trial court sentenced Wallace to a middle term of two years in state prison. The court declared Wallace a habitual traffic offender for three years, prohibited him from driving any vehicle without an ignition interlock device, and revoked his driver's license for four years. The court imposed a $300 restitution fine and a $300 (suspended) parole or post release supervision revocation fine (Pen. Code, § 1202.4), a $40 criminal facilities fine (Pen. Code, § 1465.8), a $30 criminal conviction assessment (Gov. Code, § 70373), and a $4 Emergency Medical Air Transportation fee (Gov. Code, § 76000.10). The court advised Wallace of his right to appeal this sentence. Wallace timely appealed.
The Wende brief filed by Wallace's counsel does not draw our attention to any issues under Anders v. California (1967) 386 U.S. 738, 744. Wallace was apprised of his right to file a supplemental brief but did not file one. Following Wende guidelines, we have conducted an independent review of the record and conclude there are no meritorious issues to be argued on appeal.
DISPOSITION
The judgment is affirmed.
We concur. SIMONS, Acting P. J., BURNS, J.