Hernandez

—Defendant Frank Darrell Hernandez pled guilty to driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and driving with a blood-alcohol level in excess of 0.08 percent (§ 23152, subd. (b)), and he admitted that during the latter, he had a blood-alcohol level of 0.15 percent or greater (§ 23578). He was granted probation and appeals, claiming the trial court lacked jurisdiction to enter a judgment against him and Penal Code section 1387, subdivision (a) barred the refiling of the misdemeanor information against him. The facts of this case are not relevant to the issues raised.

Procedural History

In November 2006, defendant was charged by misdemeanor complaint with a violation of section 23152, subdivision (a) as a misdemeanor, a violation of section 23152, subdivision (b) as a misdemeanor and enhancements under section 23578 as to both offenses. According to the People’s moving papers below, “On January 17, 2007, the People moved to dismiss the misdemeanor case under Penal Code section 1385 ... [][]... H] .. . once [defendant’s] three prior convictions [for violations of section 23152, subd. (b)] became apparent. Vehicle Code section 23550 allows for…