Unreported / Non-Citable
Disposition notice
The Court of Appeal affirmed the judgment against Robert Nicholas Milo, who entered a no contest plea to felony driving under the influence (Veh. Code, § 23152, subd. (a)) and admitted both a prior felony DUI conviction within 10 years (§ 23550.5, subd. (a)) and that he drove recklessly in a manner prohibited by section 23103 (§ 23582, subd. (a)). The trial court sentenced Milo to the low term of 16 months in prison. On appeal, appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, asking the court to review the record for possible arguable issues. After independently reviewing the record, the court found no arguable issues and therefore affirmed. The court noted that the record provided no basis to conclude trial counsel acted unreasonably in withdrawing the motion to suppress the blood draw taken when Milo had been sedated after belligerent behavior toward hospital staff, that Milo was properly advised of his constitutional rights and the consequences of the plea before it was accepted, and that no sentencing error or other error appeared from the record. The judgment is affirmed.