Crane

People v. Crane

Good Law
142 Cal. App. 4th 425·2006 Cal. App. LEXIS 1310·2006 Daily Journal DAR 11602·48 Cal. Rptr. 3d 334·2006 Cal. Daily Op. Serv. 8116
Court of Appeal of CaliforniaAugust 29, 2006B190658California2,834 words

Opinion

Opinion

Yegan, J.

In this driving under the influence case with an out-of-state prior conviction, we granted transfer from the Appellate Department of the Superior Court, County of Santa Barbara (opn. by Anderle, P. J. with Flores, and de Bellefeuille, JJ., concurring) to further study the issue of whether the Colorado state prior conviction can serve for purposes of sentence enhancement. After such study, we have concluded that the appellate division opinion correctly treats and disposes of the issue. We adopt it as and for the opinion of this court with appropriate deletions and additions. (See, e.g., Estate of McDill (1975) 14 Cal.3d 831, 833-834 [ 122 Cal.Rptr. 754 , 537 P.2d 874 ].)

Defendant Jared J. Crane appeals from the sentence imposed after his conviction for violation of Vehicle Code sections 23152, subdivision (a) and 23152, subdivision (b). He contends that there was insufficient evidence at trial to establish that his prior conviction in Colorado for driving while ability impaired, in violation of Colorado Revised Statutes section 42-4-1301(l)(b), would have been a violation of either Vehicle Code section 23152, subdivision (a) (driving under the influence of alcohol) or…

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