People v. Fullmore CA3

BACKGROUND

An amended felony complaint deemed an information charged defendant with driving under the influence of alcohol with a prior conviction within the preceding 10 years (Veh. Code, § 23152, subd. (a); count one); driving with a blood alcohol concentration of 0.08 percent with a prior conviction within the preceding 10 years (Veh. Code, § 23152, subd. (b); count two); and driving with a suspended license (Veh. Code, § 14601.2, subd. (a); count three). In connection with counts one and two, the information alleged pursuant to Vehicle Code section 23577 that defendant refused to submit to and failed to complete the chemical tests required pursuant to Vehicle Code section 23612. As to counts one and two, it was further alleged that, within the prior

Further undesignated section references are to the Penal Code.

2 years, defendant had sustained a conviction for driving under the influence of alcohol in violation of Vehicle Code section 23152, subdivision (a). As to count three, the information alleged that, within the prior five years, defendant had sustained a conviction for violating Vehicle Code section 14601.2, subdivision (a). Defendant pleaded no contest to…