People v. Rodriguez CA1/5

BACKGROUND

Rodriguez did not obtain a certificate of probable cause (Pen. Code, § 1237.5; Cal. Rules of Court, rule 8.304(b)), and there are no cognizable issues before us relating to his guilt or to his plea. (People v. Mendez (1999) 19 Cal.4th 1084, 1097, 1099; People v. Panizzon (1996) 13 Cal.4th 68, 74.) We briefly recite the underlying facts only as they may be relevant to the court’s sentencing choices. On November 9, 2013, responding to a citizen report of a suspected drunk driver, Crescent City police officers observed Rodriguez’s truck in the parking lot of a gas station. A passenger in Rodriguez’s vehicle indicated that Rodriguez was the driver and had gone inside the gas station minimart. Rodriguez admitted that he had been driving, and that he had been drinking. A breath test administered to Rodriguez resulted in readings of .106 and .108 percent blood alcohol content. At the time of his arrest, Rodriguez was on postrelease community supervision (PRCS) for a 2010 conviction for driving under the influence of alcohol or drugs (case No. PRCS 13-0027). Rodriguez was charged by information (case No. CRF 13-9841) with driving under the influence with prior felony driving…