1

Filed 4/12/16 P. v. Robi nson CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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)

----

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 wa s charged by criminal complaint, deemed the information, with felony driving under the influence (D UI) of alcohol within 10 years of three or more felony DUI convictions (Veh. Code, § 23152, subd. (a)

– count one), and felony driving2

with a blood

- alcohol content of 0 .08 percent within 10 years of three or more felony DUI
conviction s (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 f or Review of Record to Allow Defendant to Take an Offer Not Relayed to Him by Cou nsel.”
Defendant argued a 32

- month off er had previously been made to his prior counsel but was never relayed to him , resulting in prejudicial ineffective assistance of counse l. The prosecution opposed the motion arguing no 32

- month offer was ever made . The trial
court denied the motion. Defendant entered a negotiat ed 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 : 2 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 intox ication, such as slurred speech, flushed complexion , red and watery eyes, and nervous, fidgety b ehavior. Defendant admitted having consumed one

1 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.3

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

- alcoh ol 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 on e prior strike conviction (June 3, 2003) for firs t degree burg lary in violation of s ection 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 awarde d 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 revoca tion 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 certif icate 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 b y 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 ar guable error that would result in a disposition more favorable to defendant.
DISPOSITION The judgment is affirmed.4 /s/ Blease, Acting P. J.

We concur:

/s/ Duarte , J.

/s/ Hoch , J.