Chavez

People v. Chavez

Good Law
10 Cal. Rptr. 3d 556·116 Cal. App. 4th 1·2004 Cal. App. LEXIS 222·2004 Daily Journal DAR 2426·2004 Cal. Daily Op. Serv. 1626
Court of Appeal of CaliforniaJanuary 30, 2004D041385California1,162 words

Opinion

Opinion

McCONNELL, J.

Richard Chavez entered guilty pleas to driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), driving with a blood-alcohol level of .08 percent or more (§ 23152, subd. (b)), and driving with a driver’s license suspended for a prior driving under the influence conviction (§ 14601.2, subd. (a)). He admitted a prior felony conviction of driving under the influence that makes the current offense a felony (§§ 23546, 23550.5, subd. (a)), having a blood-alcohol level of .20 percent or more (§ 23578) and serving a prior prison term (Pen. Code, § 667.5, subd. (b)). The court denied a request to commit him to the California Rehabilitation Center (CRC) and sentenced him to prison for three years—the two-year middle term for driving under the influence of alcohol with a prior felony conviction for driving under the influence, enhanced one year for the prior prison term. It stayed sentence for driving with a .08 percent or higher blood-alcohol level (Pen. Code, § 654) and imposed a concurrent term for driving with a suspended driver’s license. Chavez contends the trial court erred in refusing to consider CRC commitment.

FACTS

On April 14, 2002, a San Diego County…

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