Kirk
People v. Kirk
Opinion
Opinion
Hinz, J.
Introduction
Following a pretrial ruling to strike a prior conviction alleged against the defendant as constitutionally invalid, the People seek to appeal this ruling before a judgment of conviction. We find that the People may appeal the order, but remand the case to the appellate department of the superior court for review of the inferior court’s ruling.
An amended misdemeanor complaint filed on April 3, 1991, alleged that on September 10, 1990, defendant Brent Curtis Kirk committed the crime of driving under the influence of alcohol or drugs in violation of Vehicle Code section 23152, subdivision (a). The complaint further alleged that within seven years of committing this offense, Kirk was convicted of violating Vehicle Code section 23152, subdivision (a), on July 11, 1984, in North Orange Municipal Court, and on July 14, 1987, in Los Angeles Municipal Court.
Defendant pleaded not guilty on October 5, 1990. On January 28, 1991, finding the North Orange Municipal Court prior conviction constitutionally invalid, the trial court granted defendant’s motion to strike the prior conviction for violating Vehicle Code section 23152. The trial court’s February 1, 1991, order…