Evans

Ellis Edward Evans (appellant) was convicted by a jury of a felony violation of Vehicle Code section 23152, subdivision (a), driving under the influence (count I), a felony violation of Vehicle Code section 23152, subdivision (b), and section 23175, driving with a blood-alcohol concentration of 0.08 percent or more, having suffered three prior convictions for driving under the influence within the past seven years (count II), a misdemeanor violation of Vehicle Code section 31, giving false information to a peace officer (count III), and a misdemeanor violation of Vehicle Code section 14601.2, subdivision (a), driving on a license suspended for driving under the influence, and having three priors for the same within the past five years (count IV).

Appellant was sentenced to three years in state prison for driving under the influence. He was also sentenced to a county jail term of 18 months for the misdemeanors, to be served after release from state prison. Appellant was sentenced to three years for having a blood-alcohol concentration of 0.08 percent or greater, but the sentence was stayed pursuant to Penal Code section 654.

Appellant did not testify at trial and…