Treadway

— Defendant Michael Dean Treadway (defendant) was sentenced pursuant to Vehicle Code section 23550 for suffering a fourth drunk driving conviction within a 10-year period. He appeals from the order overruling his demurrer and denying his motion to strike prior conviction. Section 23550 was amended in 2004 to extend the “look-back” period pertaining to prior convictions from the seven-year period formerly in effect to the 10-year period currently in effect. Defendant claims that current section 23550, as applied to him, constitutes an ex post facto law, and violates both his due process rights and the principles of estoppel. These arguments are based on the fact that the oldest of his four offenses was more than seven, although less than 10, years old at the time the amended statute went into effect.

Although defendant acknowledges that there are two cases almost precisely on point, i.e., People v. Sweet (1989) 207 Cal.App.3d 78 [ 254 Cal.Rptr. 567 ] and People v. Forrester (2007) 156 Cal.App.4th 1021 [ 67 Cal.Rptr.3d 740 ], he observes that both of those cases were written by the same court, and says that they were wrongly decided. Defendant contends that they are…