Bas

People v. Bas

Good Law
194 Cal. App. 3d 878·1987 Cal. App. LEXIS 2103·241 Cal. Rptr. 299
Court of Appeal of CaliforniaJune 25, 1987G004141California2,160 words

Opinion

Opinion

Crosby, J.

Kevin Bas appeals from a judgment entered on his plea of guilty to two felonies, causing injury to another while driving under the influence of alcohol and with a blood alcohol level of .10 or above. He claims the convictions must be reversed because he was twice in jeopardy for the same offense and the Penal Code section 654 prohibition on multiple prosecutions for the same act was violated. We agree his previous guilty plea to the infraction of failure to yield the right of way, entered with the district attorney’s full knowledge, barred his felony-drunk driving prosecution, which was based in part on the same failure to yield and specifically pleaded as an element of both felony offenses.

I

On September 3, 1984, Bas drove two friends from a Newport Beach party where they had been drinking and caused a collision in which the occupants of both vehicles were injured. His blood alcohol level was .26.

Bas was originally charged with two misdemeanors, driving on a suspended license and without a license in possession, and two infractions, an illegal left turn and failure to yield the right of way (Veh. Code, § 21801, subd. (a)). The felony complaint followed. Both felony…

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