In Re Perez

Petitioner, Robert Moreno Perez, seeks a writ of habeas corpus. Following a denial by this court, petitioner applied to the California Supreme Court, and that court issued an order to show cause returnable to this court.

Following his conviction by a jury of misdemeanor drunk driving (Veh. Code, § 23102, subd. (a)), petitioner was sentenced to 120 days in the Riverside County jail, a fine of $500 including penalties, and suspension of his driver’s license and privileges for 6 months. Petitioner appealed to the superior court where his judgment was affirmed.

Petitioner contends that (1) the trial court imposed a greater sentence because of petitioner’s election to plead not guilty and demand a jury trial, (2) the trial court arbitrarily denied probation, and imposed an additional sentence based solely upon the court’s conclusion that petitioner had perjured himself without according petitioner a trial thereon in violation of numerous constitutional rights including due process, and (3) the sentence imposed constituted cruel and unusual punishment in violation of California Constitution, article I, section 17.

All of petitioner’s contentions except the contention that…