Casillas

The criminal law often punishes more harshly an accused who already has a criminal conviction than an accused who has none. The three strikes law is one example. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (b)-(e).) Petty theft with a prior is another. (Pen. Code, § 666.) Vehicle Code sections 23152 and 23550 constitute yet another. Normally punishable as a misdemeanor, an offense of driving under the influence (DUI) is punishable as a felony if an accused has three “separate violations . . . which resulted in convictions” of DUI. (§§ 23152, 23536, 23540, 23546, 23550. )

At the time of the preliminary hearing of Casimero Carlos Casillas (defendant) on his fourth DUI, he had a pending DUI complaint and two “separate violations . . . which resulted in convictions” of DUI. The magistrate held him to answer, but the superior court found “no evidence” of three “separate violations . . . which resulted in convictions” of DUI and set aside the ensuing information. (Pen. Code, § 995. ) A timely People’s appeal followed. (Pen. Code, § 1238, subd. (a)(1).)

The issue on appeal is whether pleading and proof at the preliminary hearing of three “separate violations . . .…