Chavez
People v. Chavez
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.