Albitre

Manuel Julian Albitre appeals from the judgment entered upon his plea of guilty to causing bodily injury while driving under the influence of alcohol and drugs (Veh. Code, § 23153, subd. (a)), with true findings, made after a court trial as to one prior conviction for driving under the influence of drugs or alcohol and appellant’s admission to another prior conviction for that offense, that appellant had two prior convictions of section 23152 (Veh. Code, § 23190.) He contends that the contested “Prior Offense No. 2” which resulted in his conviction on September 21, 1984, could not be properly used to punish him as a third-time offender, since on the date he committed the present offense, September 7, 1984, a conviction of “Prior Offense No. 2” had not yet been entered.

In the present matter, appellant was charged in the information with a September 7, 1984, violation of Vehicle Code section 23153, subdivisions (a) and (b). The People also sought a sentence enhancement pursuant to former Vehicle Code section 23190 (Stats. 1982, ch. 1339, § 27) on the ground that appellant was a third-time offender. It was alleged that appellant had committed “Prior Offense No. 1” on…