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Felony DUI Plea Bargain that worked in California

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Filed 10/31/07 P. v. Quinones CA4/2


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,
Plaintiff and Respondent,

v.

MIGUEL ANGEL QUINONES,

Defendant and Appellant.
E042965
(Super.Ct.No. FVI025586)

OPINION


APPEAL from the Superior Court of San Bernardino County. Harold T. Wilson, Jr., Judge. Affirmed.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

I

FACTUAL AND PROCEDURAL BACKGROUND

Defendant Miguel Angel Quinones was charged by felony complaint with first degree burglary under Penal Code section 459 (count 1), driving under the influence of alcohol or drugs under Vehicle Code section 23152, subdivision (a) (count 2), driving with greater than 0.08 percent blood alcohol under Vehicle Code section 23152, subdivision (b) (count 3), misdemeanor hit and run under Vehicle Code section 20002, subdivision (a) (count 4), forgery of a vehicle registration under Vehicle Code section 4463, subdivision (a) (count 5), being a felon in possession of ammunition under Penal Code section 12316, subdivision (b)(1) (count 6), receiving stolen property under Penal Code section 496, subdivision (a) (count 7), misdemeanor possession of burglar’s tools under Penal Code section 466 (count 8), resisting an executive officer under Penal Code section 69 (count 9), and making criminal threats under Penal Code section 422 (count 10). The complaint also alleged a prior felony strike under Penal Code section 667, subdivisions (b) through (i), and a prior prison term under section 667.5, subdivision (b).

Pursuant to a written plea agreement, defendant pleaded guilty to counts 2 and 9, and to second degree burglary, a lesser included offense to count 1. Defendant also admitted the prior felony strike allegation. The plea agreement provided a stipulated sentence of four years. Defendant agreed to immediate sentencing. The court imposed the agreed term of four years, comprised of 32 months for count 1 (the low term, doubled), plus 16 months for count 9 (one-third the middle term, doubled). Presentence custody credits totaling 186 days were granted. On the misdemeanor count 2, the court imposed jail custody equal to time served. The remaining counts of the complaint were dismissed on the motion of the prosecution.

Defendant filed a timely notice of appeal challenging the sentence or other matters occurring after the plea.

II

ANALYSIS

After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief; he has not done so.

We have now concluded our independent review of the record and find no arguable issues.




III

DISPOSITION

The judgment is affirmed.