 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Godinez10/21/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Defendant appeals from his conviction of felony driving under the influence of alcohol (Veh. Code, §§ 23152, subd. (a); 23550.5, subd. (a)(1)), felony driving with a blood alcohol level of .08 or greater, enhanced with an allegation that his blood alcohol was .20 or greater (§§ 23152, subd. (b); 23550.5, subd. (a)(1); 23578), and misdemeanor driving with a suspended license (§ 14601.2, subd. (a)). The court also found true two allegations of two prior prison terms (Pen. Code, § 667.5, subd. (b)) and a prior strike (id., § 1170.12, subd. (c)(1)).
Defendant challenges the felony convictions as violating ex post facto laws and his due process rights. In addition, he asserts that insufficient evidence supported his prior strike conviction and that the trial court violated his federal due process rights by failing to state reasons for imposing consecutive sentences. We are unpersuaded by defendant's arguments.
BACKGROUND
On August 3, 1999, California Highway Patrol Officer Carl Wiss (Wiss) observed defendant driving his automobile 75 miles per hour in a 65 miles per hour zone as well as drifting into adjoining lanes on Highway 280. He stopped defendant and noticed that defendant smelled of alcohol and his eyes were bloodshot. He had defendant perform five field sobriety tests, and he performed unsatisfactorily on all of them. An intoxilyzer test showed defendant's blood alcohol was .24 percent. The officer determined that defendant's license was suspended. In addition, he found a travel mug containing beer and five 12-ounce cans of unopened beer in the car. Wiss then arrested defendant.
An information filed on July 30, 2001 charged defendant with the following: count 1, felony driving under the influence of an alcoholic beverage (§§ 23152, subd. (a); 23550.5, subd. (a)); count 2, felony driving with a blood alcohol level of .08 or greater, enhanced with an allegation that his blood alcohol was .20 or greater (§§ 23152, subd. (b); 23550.5, subd. (a); 23578); count 3, misdemeanor driving with a suspended license (§ 14601.2, subd. (a)); and count 4, driving with an open container of alcohol (§ 23222, subd. (a)). Two prison terms (Pen. Code, § 667.5, subd. (b)) and a prior strike (id., § 1170.12, subd. (c)(1)) were also alleged.
On September 5, 2000, defendant waived his right to a jury trial and agreed to submit his case to the court based on the preliminary hearing transcript and other documentary evidence, in return for a sentence no greater than two years and four months, consecutive to a term defendant was currently serving. The court found defendant guilty of all charges and found all allegations true.
On October 15, 2001, the trial court sentenced defendant to two years and four months consecutive to a four-year prison sentence he was currently serving for driving under the influence . The sentence comprised of eight months (one third the midterm) doubled to 16 months by the strike for count 1, enhanced one year for the prior conviction for assault with a deadly weapon. Count 2 and the sentence on the other prior prison term were stayed (Pen. Code, § 654). Concurrent county jail time was imposed on count 3, and the court dismissed count 4.
Defendant filed a timely notice of appeal.
DISCUSSION
I. The Felony Convictions and Defendant's Constitu
Page 1 2 3 4 5 6 7 8 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|