People v. Williams

Appellant Robert Darrell Williams, Jr., was found guilty, after jury trial, on one count of driving under the influence of alcohol within seven years of at least three separate prior driving under the influence (DUI) offenses (Veh. Code, §§ 23152, 23175). The jury found that allegations of three such prior convictions (Veh. Code, § 23165), occurring in 1984, 1985 and 1989, were true. In addition, the jury expressly found that appellant refused a peace officer’s request to submit to, or willfully failed to complete, a chemical test, a violation of Vehicle Code section 23159, subdivision (a)(5).

Prior to trial, the court ruled on various motions in limine. One set of rulings thwarted appellant’s efforts to keep the fact of his prior DUI convictions from the jury. Defense counsel stated that appellant was willing to admit all his prior convictions so the jury would not think he was contesting them. The People refused the offer, and the court refused to force a stipulation on the People.

In another pretrial ruling the court denied appellant’s motion to exclude evidence regarding the “nystagmus” test (see infra).

Appellant was sentenced to the upper term of three years. His…