 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Kim1/22/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
I. Statement of the Case
In 1997, defendant Joon Myun Kim pleaded no contest to violations of Vehicle Code section 23153, subdivision (a) [driving with a blood- alcohol percentage over .08 and causing injury] and section 20001, subdivision (b) [hit-and-run driving]. He also admitted allegations that he had injured three people and previously suffered a conviction for violating Vehicle Code section 23153, subdivision (b) [driving under the influence and causing injury]. Under a plea agreement, the court suspended imposition of sentence and placed defendant on probation for five years.
At a hearing on March 19, 2001, the court revoked probation, finding that defendant had violated probation by committing a battery and using alcohol. The court imposed a two-year prison term for the underlying Vehicle Code violations.
On appeal from the judgment, defendant claims the court violated several of his constitutional rights by forcing him to proceed with a particular interpreter.
We affirm the judgment.
Defendant has also filed a petition for a writ of habeas corpus, in which he reiterates essentially the same claim and also alleges that defense counsel was incompetent in failing to raise a variety of objections to the interpreter.
In a separate order filed this day, we deny the petition. (See Cal. Rules of Court, rule 24(a).)
II. Underlying Offenses and Probation Violations
On March 25, 1997, while driving with a blood-alcohol level of .21 percent, defendant rear-ended one car twice, fled at high speed, and later rear-ended another car. After the second collision, defendant attempted to flee, but a police officer apprehended him.
On July 13, 2000, Alan Dobbs saw defendant throwing rocks at his dogs and his vehicle. Dobbs yelled at him to stop, but defendant threw a rock at him, hitting him in the chest. When Dobbs approached defendant and again told him to stop, defendant assumed a fighting stance and punched Dobbs. Dobbs went after defendant and pinned him down, but as he tried to maintain control, defendant bit him. Defendant eluded Dobbs, taunted him with another rock, and then fled on a bicycle.
Officer Tracey Millhone of the San Jose Police Department later arrested defendant, who was verbally and physically belligerent. Millhone smelled alcohol on defendant's breath.
III. The Probation Revocation Hearing
At the probation revocation hearing on March 19, 2001, defendant was represented by Counsel Tak Chang and co-counsel Dan Mayfield. At the start of hearing, Mayfield asserted that there was a problem with the Korean interpreter, Mr. Han. He noted that Han was not a certified Korean interpreter. He also noted that Han interpreted when defendant had previously pleaded no contest in 1997, and defendant had more recently moved to set aside his plea, claiming Han had been incompetent. In particular, counsel reported that Han had allegedly spoken too quickly and in too low a voice, and defendant, who was hard of hearing, could not understand him. When he asked Han to stop, Han would put him off, saying they could talk about it later. Mayfield further reported that at the motion to set aside the plea, Han testified for the prosecution, stating that at the plea hearing he was interpreting for several Ko
Page 1 2 3 4 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|