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Filed 4/12/16 P. v. Robinson CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication 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.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL DONTI ROBINSON,

Defendant and Appellant.

C079234

(Super. Ct. No. 14F08157)

Appointed counsel for defendant Michael Donti Robinson has asked this court to 

review the record to determine whether there exist any arguable issues on appeal. 

(People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would 

result in a disposition more favorable to defendant, we will affirm the judgment.

I

Defendant was charged by criminal complaint, deemed the information, with 

felony driving under the influence (DUI) of alcohol within 10 years of three or more 

felony DUI convictions (Veh. Code, § 23152, subd. (a) – count one), and felony driving 
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with a blood-alcohol content of 0.08 percent within 10 years of three or more felony DUI 

convictions (Veh. Code, § 23152, subd. (b) – count two). The information also alleged 

defendant suffered four prior DUI convictions (Veh. Code, §§ 23152, subd. (b), 23103.5) 

and one prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12).1

Prior to the preliminary hearing, the trial court heard and denied defendant’s 

motion to strike the prior strike conviction pursuant to People v. Superior Court 

(Romero) (1996) 13 Cal.4th 497.

Following the preliminary hearing, defendant filed a “Motion for Review of 

Record to Allow Defendant to Take an Offer Not Relayed to Him by Counsel.” 

Defendant argued a 32-month offer had previously been made to his prior counsel but 

was never relayed to him, resulting in prejudicial ineffective assistance of counsel. The 

prosecution opposed the motion arguing no 32-month offer was ever made. The trial 

court denied the motion.

Defendant entered a negotiated plea of no contest to count two and admitted the 

four prior DUI convictions and the prior strike conviction in exchange for a stipulated 

sentence of four years (the middle term of two years, doubled for the prior strike) and 

dismissal of count one.

The factual basis for the plea is as follows:

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 On November 1, 2014, California 

Highway Patrol Officer Stephen Newman observed defendant make an illegal U-turn at 

an intersection. Officer Newman stopped defendant’s car and noticed defendant was 

exhibiting signs of intoxication, such as slurred speech, flushed complexion, red and 

watery eyes, and nervous, fidgety behavior. Defendant admitted having consumed one 

 

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 Unspecified statutory references are to the Penal Code.

2

 In light of defendant’s stipulated disposition, the parties waived referral to the 

probation department. Thus, the factual basis, summarized by counsel at the plea 

hearing, was taken from the preliminary hearing.
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beer earlier in the day. Officer Newman conducted several field sobriety tests, all of 

which defendant performed unsatisfactorily. Preliminary alcohol screening testing 

revealed defendant had a blood-alcohol level of 0.13 percent. A subsequent blood test 

yielded the same result. Defendant had suffered four prior DUI convictions (Dec. 3, 

2008; Sept. 5, 2009; Nov. 24, 2011; Dec. 14, 2007), and one prior strike conviction 

(June 3, 2003) for first degree burglary in violation of section 459.

The trial court sentenced defendant to the middle term of two years for count two, 

doubled for the prior strike, for an aggregate term of four years in state prison. The court 

imposed “minimum fees and fines,” and awarded defendant 372 days of presentence 

custody credit (186 actual days plus 186 conduct credits).

The court’s minute order and the abstract of judgment reflect the following fees 

and fines: a $300 restitution fine (§ 1202.4, subd. (b)), a $300 parole revocation 

restitution fine, stayed pending successful completion of parole (§ 1202.45), a $40 court 

operations assessment (§ 1465.8), and a $30 conviction assessment (Gov. Code,

§ 70373).

Defendant filed a timely notice of appeal. He did not obtain a certificate of 

probable cause.

II

Counsel filed an opening brief that sets forth the facts of the case and requests that 

we review the record and determine whether there are any arguable issues on appeal. 

(Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a 

supplemental brief within 30 days of the date of filing of the opening brief. More than 30 

days elapsed and we received no communication from defendant.

Having undertaken an examination of the entire record, we find no arguable error 

that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.
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 /s/

Blease, Acting P. J.

We concur:

 /s/

Duarte, J.

 /s/

Hoch, J.