 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Leahy10/4/2004
*1 Defendant Brendan Vincent Leahy was convicted by plea of driving under the influence of a controlled substance (Veh.Code, §§ 23152), [FN1] misdemeanor giving a false name to a peace officer (Pen .Code, § 148.9), and misdemeanor driving on a suspended or revoked license (§ 14601.5, subd. (a)). Following a court trial, the trial court determined that defendant had a prior felony conviction for driving under the influence within the meaning of section 23550.5, subdivision (a). The court denied defendant's subsequent motion to withdraw his plea, suspended imposition of sentence, and placed defendant on three years probation with various terms and conditions. Defendant filed a timely notice of appeal and the trial court granted his application for a certificate of probable cause.
FN1. Further unspecified statutory references are to the Vehicle Code.
Defendant argues on appeal that the trial court erred in finding that he had a prior conviction within the meaning of section 23550.5, because his prior offense was not punished as a felony. In a concomitant argument, defendant claims that the trial court abused its discretion in refusing to allow him to withdraw his plea. We find that substantial evidence supports the trial court's finding that defendant's prior Santa Cruz County section 23153 conviction was a prior conviction within the meaning of section 23550.5, subdivision (a). Therefore, we will affirm.
BACKGROUND
In April 1997, defendant was convicted of driving under the influence causing injury (§ 23153) for a violation that occurred on December 16, 1995. It was also found that defendant had two prior convictions, one in 1989 and one in 1992, for driving under the influence. The trial court suspended imposition of sentence and placed defendant on probation for five years with various terms and conditions, including the service of 365 days in county jail.
On May 29, 2003, an information was filed charging defendant with driving under the influence on August 8, 2002 with a qualifying prior felony conviction for driving under the influence (count 1), misdemeanor giving a false name to a peace officer (count 2), misdemeanor possession of drug paraphernalia (Health & Saf.Code, § 11364; count 3), and misdemeanor driving on a suspended or revoked license (count 4). The information further alleged that within five years prior to these offenses defendant had a prior conviction for driving on a suspended or revoked license.
On August 26, 2003, the trial court dismissed count 3 on motion of the prosecutor. Defendant entered a negotiated guilty plea to counts 2 and 4 and admitted the prior conviction of driving on a suspended or revoked license. He also pleaded no contest to driving under the influence as alleged in count 1, and admitted that he was convicted by jury verdict of an alleged violation of section 23153 on December 16, 1995, which was punished as a felony on April 25, 1997. Defendant submitted to the court for court trial "the issue of whether ... that admission of the jury conviction along with any other documentary evidence that the prosecution may choose to present, a question of whether ... that constitutes sufficient evidence beyond a reasonable doubt to satisfy the language after having committed within ten years of the present offense, a prior violation of section 23153 of the Vehicle Code on or about December 16th 1995 that was punished as a felony in the Santa Cruz County California Superior Court."
*2 At the court trial, the prosecution presented certified copies of the complaint and the order of probation in defendant's prior Santa Cruz County case. Defendant presented no evidence. Defense counsel argued that the plain language of section 23550.5 requires the prosecution to prove not only that the all
Page 1 2 3 4 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|