Bowen

Defendant appeals from his convictions on two consolidated charges of driving under the influence with prior convictions. He contends that the court erred in denying probation and sentencing him to prison. We find no error.

Background

Defendant pleaded guilty to driving under the influence of alcohol on January 26, 1991, in violation of Vehicle Code section 23152, subdivision (a). He also pleaded guilty to driving with excessive blood alcohol on March 9, 1991, in violation of Vehicle Code section 23152, subdivision (b). He admitted three prior convictions for alcohol-related driving offenses, subjecting him to imprisonment under Vehicle Code section 23175.

Two probation reports were submitted. The first, prepared for a hearing in June 1991, recommended a prison sentence based in part on the probation officer’s belief that defendant was on probation when the January offense was committed. At the hearing, defense counsel disputed this assertion on the basis of transcripts showing that defendant’s probation had terminated prior to the present offenses. The prosecutor stated he was “satisfied, looking at the certified records, that [defendant] was not on probation at the…