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People v. Minor8/31/2004
After being extradited from Italy, Jeffrey Wayne Minor was convicted of assault with a deadly weapon on a peace officer, hit and run following an injury accident, and driving under the influence of alcohol and with a blood-alcohol level above the legal limit. On appeal, he contends the trial court exceeded its jurisdiction in enhancing his sentence for these crimes based on another crime for which his extradition was also sought but denied. We conclude the trial court acted properly, and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In Riverside County in July 1993, Minor caused a car accident while driving drunk. One person died and two others were injured. Following a guilty plea, Minor was convicted of one count of gross vehicular manslaughter while intoxicated (**240 Pen.Code, § 191.5, subd. (a)), [FN1] three counts of driving under the influence of alcohol and causing serious bodily injury (Veh.Code, § 23153, subd. (a)), and various other related offenses (the Riverside case). The court suspended imposition of sentence, placed Minor on probation for 60 months, and gave him a one-year jail term. One of the conditions of his probation was abstention from alcohol.
FN1. All further statutory references are to the Penal Code, unless otherwise indicated.
*1433 The following incidents occurred while Minor was still on probation in the Riverside case: In August and again in October 1998, Minor was arrested in Orange County for being drunk in public. On December 11, 1998, Minor was stopped in Irvine for speeding and arrested on an outstanding warrant for the drunk in public offenses. A breath test indicated a blood-alcohol level of 0.10 or 0.12 percent. A felony complaint charged Minor with driving under the influence and with a blood-alcohol level of 0.08 percent or greater (the drunk driving case). The complaint also alleged as a sentencing enhancement the prior Riverside conviction for vehicular manslaughter.
On December 20, 1998, a police officer stopped Minor for running a red light in Newport Beach. When Minor presented an expired driver's license, the officer called for backup in order to do a records check. Minor fled the scene with the backup officer partially in the car, her legs hanging out the open driver's side door and her arms wrapped around Minor in an effort to stop his escape. Minor knocked the officer out of his car by striking his open door against several parked cars. The officer fell, suffering scrapes and abrasions. Minor sped away and was arrested later that night near his home. He was charged with assault with a deadly weapon upon a police officer and hit and run with injury (the assault on an officer case).
Three days later, Minor's probation officer filed a memorandum in Riverside County Superior Court alleging various probation violations based on the offenses Minor committed in Orange County. The court ordered Minor's probation in the Riverside case revoked and issued a warrant for his arrest. Approximately a month later, Minor appeared at a Riverside County Superior Court hearing at which the probation department recommended he be sentenced to 11 years in state prison. The matter was continued and Minor was ordered to appear on February 19, 1999.
Minor did not appear at the continued Riverside County Superior Court proceeding, nor did he appear for court dates in Orange County. The two courts issued arrest warrants for Minor.
On March 18, 1999, Italian police, working with Interpol and others, provisionally arrested Minor in Perugia, Italy. The California Attorney General (on behalf of Riverside County) and the Orange County District Attorney immediately began extradition proceedings.
The Riverside County extradition request sought to extradite Minor for further proceedings in the Riverside
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