P.

Filed 7/30/13 P. v. Burney CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

THE PEOPLE, C069797

Plaintiff and Respondent, (Super. Ct. No. 11F05012)

v.

DONALD BURNEY,

Defendant and Appellant.

A jury convicted defendant Donald Burney of felony driving under the influence (DUI) of an alcoholic beverage (Veh. Code, §§ 23152, subd. (a), 23550.5) and felony driving with a blood-alcohol content of 0.08 percent or above, having previously been convicted three times within 10 years of DUI (Veh. Code, §§23152, subd. (b), 23550.5). The defendant admitted that the prior conviction allegations were true. The trial court sentenced him to four years in prison. Defendant was cross examined regarding two prior…