People v. Rodriguez-Lopez CA4/2

FACTS AND PROCEDURAL HISTORY

In 2011, defendant was charged with three separate driving offenses: driving

under the influence (DUI) of alcohol or drugs (Veh. Code, former § 23152, subd. (a)),

driving with a blood alcohol level of 0.08 percent or more (Veh. Code, former § 23152,

subd. (b)), and driving with a suspended license (Veh. Code, § 14601.2, subd. (a)).

Defendant ultimately pleaded guilty in Orange County to these three counts, and admitted

three prior offenses within the past 10 years. The DUI offenses were therefore classed as

felonies, and defendant himself was designated a habitual traffic offender. (Veh. Code,

§ 23550, subd. (a).) Defendant requested immediate sentencing; the Orange County

Superior Court granted probation for 36 months on specified terms and conditions of

probation, including a term that defendant serve eight months incarceration in the county

jail.

1The terms and conditions of defendant’s Orange County probation were as follows (standard numbered conditions that were not imposed are omitted; defendant’s initials next to the relevant provisions are also omitted): “2. Imposition of sentence suspended. Placed on probation for 3 years. . . .…