People v. Edgington CA5

BACKGROUND

The Fresno County District Attorney charged Edgington with committing five crimes: (1) felony drunk driving (§ 23153, subd. (b); (2) an alternative to 1 (§ 23153, subd. (a); (3) hit-and-run causing injury (§ 20001, subd. (a); (4) driving on a suspended license (§ 14601.5, subd. (a); and (5) failure to maintain proof of insurance (§ 16028, subd. (a)). The charges alleged Edgington suffered a prior conviction for drunk driving.3 The charges ultimately resolved by plea agreement, with Edgington pleading no contest to counts 1 and 3—the remaining charges were dismissed. There was a stipulated factual basis for the plea based on People v. West (1970) 3 Cal.3d 995. He was pertinently admitted to formal probation on the condition he serve 180 days in jail.

APPELLATE COURT REVIEW

Edgington’s appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues, and requests this court to review the record independently. (Wende, supra, 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating Edgington was advised he could file his

2 See People v. Wende (1979) 25 Cal.3d 436 (Wende).

3 Edgington was…