People v. Urcuyo CA4/2 ( 2015 )

Filed 10/19/15 P. v. Urcuyo CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E062903
v. (Super.Ct.No. FWV1404052)
MARIO URCUYO, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Jerry E. Johnson,
Judge. (Retired judge of the Los Angeles Super. Ct. assigned by the Chief Justice
pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
Arielle Bases, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Defendant Mario Urcuyo was sentenced to one year in county jail and two years of
mandatory supervision after he pled guilty to drunk driving with three priors. We affirm.
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FACTS AND PROCEDURE
On July 6, 2014, defendant was arrested after striking several vehicles with his
vehicle and attempting to drive away. The reporting party blocked defendant from
leaving the area in his vehicle.
On September 26, 2014, the People filed a complaint alleging in count 1 that
defendant drove under the influence of an alcoholic beverage within 10 years of a prior
felony DUI offense (Veh. Code, § 23152, subd. (a)) and in count 2 drove with a 0.08%
blood alcohol content within 10 years of a prior felony DUI offense (§ 23152, subd. (b)). 1
The People also alleged defendant had three prior convictions for violating section
23152, subdivision (a). Two of those convictions occurred in 2014 and one in 2008.
On November 19, 2014, defendant pled guilty to count 2 and admitted the three
prior convictions. In his executed plea form defendant initialed the box stating, “I waive
and give up any right to appeal . . . from the conviction and judgment in my case since I
am getting the benefit of my plea bargain.”
On December 19, 2014, the court sentenced defendant, as agreed, to the upper
term of three years, one of which was to be served in county jail and the other two on
mandatory supervision.
This appeal followed.
1 All section references are to the Vehicle Code unless otherwise indicated.
2
DISCUSSION
After defendant appealed, upon his request, this court appointed counsel to
represent him on appeal. 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 a potential arguable issue, and
requesting this court conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, but he
has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal. 4th 106, we
have independently reviewed the entire record for potential error and find no arguable
error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
MILLER
J.
CODRINGTON
J.
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