The People v. Ontiveros CA3

Filed 9/12/13 P. v. Ontiveros 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sierra) ----

THE PEOPLE, C072538

Plaintiff and Respondent, (Super. Ct. No. CR02964X)

v.

MARTIN VENTURA ONTIVEROS,

Defendant and Appellant.

A jury found defendant Martin Ventura Ontiveros guilty of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a))1 and driving while having 0.08 percent or more alcohol in his blood (id., § 23152, subd. (b)). The jury found true an allegation that, within the previous 10 years, defendant had a prior felony conviction of driving under the influence (DUI) with injury. (Id., §§ 23153, 23550.5, subd. (a)(2).) The jury also found true an allegation that, within the previous 10 years, defendant had…