People v. Mercado CA5

INTRODUCTION

Defendant Adrian Jay Mercado was sentenced to four years four months in custody following a plea bargain in which defendant pleaded no contest to one count of driving under the influence of alcohol and causing bodily injury to another person, in violation of Vehicle Code section 23153, subdivision (g). Defendant’s appellate counsel raises no claims of error in briefing here, and requests that we independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant did not file any supplemental letter or briefing with this court.

FACTUAL AND PROCEDURAL BACKGROUND

The complaint in this matter alleged that, on or about February 5, 2023, defendant caused injury while driving under the influence of alcohol and drugs. The complaint alleged six counts against defendant, including: driving under the influence and causing injury (count 1; Veh. Code, § 23153, subd. (g)); driving with a blood-alcohol level above 0.08 percent and causing injury (count 2; Veh. Code, § 23153, subd. (b)); driving under the influence and causing injury (count 3; Veh. Code, § 23153, subd. (a)); driving with a suspended license and causing bodily injury (count 4; Veh. Code, §…