People v. Avendano CA5

INTRODUCTION

Defendant Mario Avendano appeals after pleading no contest and being placed on a three-year term of probation for driving with a blood-alcohol content in excess of 0.08 percent. He argues that one condition of his probation constitutes an improper delegation of judicial authority. For the reasons set forth below, we affirm.

PROCEDURAL AND FACTUAL BACKGROUND

On December 8, 2019, defendant was driving a vehicle at a high rate of speed when he collided with a fence and caused the vehicle to rollover. He was ejected from the vehicle and treated at a hospital, where he exhibited signs of inebriation, and was determined to have a blood-alcohol content of 0.119 percent. Defendant’s passenger was his teenage brother who was rendered unconscious in the accident. The District Attorney of Fresno County filed a complaint on April 15, 2020, charging defendant with felony driving while doing an act forbidden by law while under the influence of an alcoholic beverage while having 0.08 percent or more, by weight, of alcohol in his blood causing injury (Veh. Code, § 23153, subd. (b); count 1); driving while doing an act forbidden by law while under the influence of an alcoholic…