People v. Palmer

Defendant Rex Evans Palmer entered a negotiated plea of no contest to driving while having a blood-alcohol content of .08 percent or more (Veh. Code, §23152, subd. (b); count II) and admitted two prior Nevada convictions for driving under the influence in exchange for dismissal of the remaining counts: driving under the influence (Veh. Code, §23152, subd. (a); count I), felony child endangerment (Pen. Code, § 273a, subd. (a); count III), as well as dismissal of another prior Nevada conviction for driving while impaired.

The court suspended imposition of sentence and granted summary probation for a term of five years subject to certain terms and conditions including 180 days in jail.

Defendant appeals. He obtained a certificate of probable cause (Pen. Code, § 1237.5) to challenge the use of his prior Nevada driving-under-the-influence convictions. He contends his prior Nevada convictions could not be used to enhance the punishment for his current California driving offense (Veh. Code, § 23546) because he did not have a right to a jury trial in the Nevada proceedings. We reject defendant’s claim. Since there is no federal constitutional right to a jury trial for petty…