Opinion
NOT TO BE PUBLISHED
Sonoma County Super. Ct. No. SCR536121
Siggins, J.
Edward Wax appeals from a judgment and sentence following his guilty plea to one count of driving with a .08 percent or higher blood alcohol level, one count of misdemeanor driving with a suspended license, and one count of misdemeanor driving with an open bottle of alcohol in a vehicle. He also admitted that his blood alcohol content was above .15 percent and that he had previously been convicted of three driving under the influence (DUI) offenses. His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We find no such issues and affirm.
Background
The Offense
On May 3, 2008, Sebastopol police officers responded to a report of a man drinking whiskey in a van at the local Fosters Freeze. The van left the shop before the officers arrived, but another officer spotted defendant driving the van and conducted a traffic stop. A records check disclosed that defendant was on a conditional sentence for prior DUI convictions and that his license was suspended or revoked for driving under the influence and excessive blood alcohol content. Defendant smelled of alcohol and exhibited other signs of intoxication. He failed to perform field sobriety tests as directed, and a preliminary alcohol screening produced readings of .210 percent and .208 percent. A partially empty 1.75 liter bottle of whiskey was found in the front seat of the van.
The Legal Proceedings
Defendant was charged with driving under the influence of alcohol with an allegation that he suffered three prior convictions, driving with a .08 percent blood alcohol level with three priors, misdemeanordriving with a suspended license, and misdemeanor driving with an open bottle of alcohol in a vehicle Pursuant to a negotiated disposition, defendant entered a plea of guilty to driving under the influence with a .08 percent blood alcohol level and the two misdemeanor counts. He also admitted his blood alcohol content was above .15 percent and that he had previously been convicted of three DUI offenses. The court indicated it would impose no more than a two-year midterm sentence, and the defense reserved the right to argue for probation or a lesser term.
The presentencing report noted that this was defendant’s 10th DUI conviction and his 12th alcohol-related conviction since 1975. Because of the ongoing danger defendant posed to the community, the probation officer recommended the three-year upper term sentence to state prison.
The court denied probation and imposed the two-year midterm prison sentence on the felony driving under the influence count. The court awarded 228 days of presentence custody credits, suspended imposition of a $400 parole revocation restitution fine, and imposed a $400 restitution fine and a $20 court security fee. Defendant filed a timely appeal.
Discussion
Defendant’s counsel has represented that he advised defendant of his intention to file a Wende brief in this case and of defendant’s right to submit supplemental written argument on his own behalf. Defendant has not done so. Defendant has also been advised of his right to request that counsel be relieved. This court has reviewed the entire record on appeal. No issue requires further briefing.
Disposition
The judgment is affirmed.
We concur: McGuiness, P. J., Pollak, J.