People v. Wallace CA1/5 ( 2024 )

Filed 1/11/24 P. v. Wallace CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
THE PEOPLE,
Plaintiff and Respondent, A167405
v.
(Marin County Super. Ct. No.
VINCENT JAMAL WALLACE, SC220308A)
Defendant and Appellant.
MEMORANDUM OPINION1
Defendant Vincent Jamal Wallace appeals from a judgment following
his plea of guilty to driving with a blood alcohol content (BAC) of .08 percent
or more (Veh. Code, § 23152, subd. (b)), with three prior convictions within 10
years for driving under the influence (id., § 23550, subd. (a)).2 Wallace’s
appointed counsel on appeal filed a brief pursuant to People v. Wende (1979)
25 Cal.3d 436 (Wende). Having conducted an independent review of the
record pursuant to the holding in that case, we affirm.
On July 23, 2020, Wallace’s neighbor called the police to report that
Wallace had crashed into the garage door with his vehicle. When the police
1 We resolve this case by memorandum opinion because it raises no
substantial issue of fact or law. (Cal. Stds. Jud. Admin., § 8.1.)
2 All subsequent statutory references are to the Vehicle Code unless
otherwise specified.
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arrived, the neighbor said she observed Wallace “stumbling about the vehicle
after she heard a loud bang, and then go[ing] into his apartment and
appearing to be intoxicated.” The police knocked on Wallace’s door but no
one answered, although a female was heard yelling from inside that she was
bedridden and could not open the door. While the police continued to knock,
they were notified that Wallace had two outstanding arrest warrants. After
some time, Wallace opened the door and the police placed him in handcuffs.
He emitted a strong odor of alcohol and was unsteady on his feet as the police
escorted him to the patrol car.
The police asked Wallace about the collision. He responded that he was
not driving but requested medical attention because his hands felt numb.
Before being transported for medical evaluation, the police administered a
preliminary alcohol screening (PAS) test. A manual capture from the PAS
device showed that Wallace had a BAC of .234 percent, which was lower than
what the actual result would have been had enough breath sample passed
through the device for an automatic capture. The police also found an empty
bottle of alcohol in the back seat of Wallace’s vehicle.
In August 2022, plaintiff and respondent the People of the State of
California (People) filed an information charging Wallace with: (1) driving a
vehicle under the influence of alcohol with three prior convictions within 10
years for driving under the influence, a felony (§§ 23152, subd. (a) & 23550,
subd. (a); count 1); (2) driving a vehicle with a BAC of .08 percent or higher,
with the same prior convictions (§§ 23152, subd. (b) & 23550.5, subd. (a);
count 2); (3) operating a vehicle not equipped with a functioning ignition
interlock device (§ 23247, subd. (e); count 3); (4) driving with a suspended or
revoked driver’s license for driving under the influence
(§ 14601.2, subd. (a); count 4); and (5) driving with a suspended or revoked
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license for refusing a chemical test or driving with excessive blood alcohol
(§ 14601.5, subd. (a); count 5).
Wallace was held to answer to all alleged charges following a
preliminary hearing. Wallace subsequently filed a motion to set aside the
information, which the trial court denied. On October 28, 2022, pursuant to a
negotiated plea agreement, Wallace pled guilty to driving with a BAC of .08
percent or above (count 2) and admitted his three prior convictions within 10
years for driving under the influence. Wallace also admitted to the truth of
several aggravating factors, including that he had a BAC of .234 percent and
that he willfully and unlawfully failed to complete a chemical test. The
parties stipulated to a factual basis for the plea. The trial court dismissed
the remaining counts per the People’s motion.
In accordance with the negotiated plea, the trial court sentenced
Wallace to a middle term of two years in state prison. The court declared
Wallace a habitual traffic offender for three years, prohibited him from
driving any vehicle without an ignition interlock device, and revoked his
driver’s license for four years. The court imposed a $300 restitution fine and
a $300 (suspended) parole or post release supervision revocation fine (Pen.
Code, § 1202.4), a $40 criminal facilities fine (Pen. Code, § 1465.8), a $30
criminal conviction assessment (Gov. Code, § 70373), and a $4 Emergency
Medical Air Transportation fee (Gov. Code, § 76000.10). The court advised
Wallace of his right to appeal this sentence. Wallace timely appealed.
The Wende brief filed by Wallace’s counsel does not draw our attention
to any issues under Anders v. California (1967) 386 U.S. 738, 744. Wallace
was apprised of his right to file a supplemental brief but did not file one.
Following Wende guidelines, we have conducted an independent review of the
record and conclude there are no meritorious issues to be argued on appeal.
3
DISPOSITION
The judgment is affirmed.
4
CHOU, J.
We concur.
SIMONS, Acting P. J.
BURNS, J.
People v. Wallace / A167405
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