Linares

Defendant Eduardo Villanueva Linares rammed his car into the victim, causing severe damage to the victim’s leg that led to amputation of the leg. He pleaded no contest to one count of attempted murder (Pen. Code, §§ 664, 187) with a great bodily injury enhancement. Vehicle Code section 13351.5 requires the Department of Motor Vehicles (DMV) to permanently revoke the driver’s license of one convicted of a felony violation of Penal Code section 245 (assault with a deadly weapon) when a vehicle is found by the court to constitute the deadly weapon used to commit the offense. Defendant appeals claiming the trial court erred when it recommended that his driver’s license be revoked pursuant to section 13351.5.

Discussion

Section 13351.5 provides in pertinent part:

The probation officer’s report for sentencing included a recommendation that defendant’s driving privilege be revoked for life pursuant to section 13351.5.

At sentencing, the trial court commented, “At this point I’m not going to revoke his driving privilege unless it’s mandatory.” The district attorney then stated: “I believe it is mandatory.” The court replied: “If it is mandatory, then it’s revoked for life…