Hanley

The People appeal from the trial court’s denial of their motion to reinstate a complaint under Penal Code section 871.5 upon finding it had no jurisdiction to proceed under that statute. We agree there was no jurisdiction in the lower court and, since our jurisdiction derives from the superior court in these instances (Cal. Const., art. VI, § 11), we dismiss the appeal.

I. Procedural Summary

In November 1990 the San Francisco County District Attorney filed a complaint against defendant and respondent Michael James Hanley (defendant) alleging violations of Vehicle Code section 23152, subdivisions (a) (driving under the influence of an alcoholic beverage and/or drug), and (b) (driving with .08 percent alcohol in his blood). The complaint further alleged three prior convictions within the last seven years as to each count pursuant to Vehicle Code section 23175.

Defendant moved to strike the Stanislaus County conviction, which had been entered on his nolo contendere plea, on the grounds it was constitutionally invalid. His argument was twofold: (1) the court did not make a finding of guilty, and (2) the record did not disclose any factual basis for such a finding.

The…