People v. Valdez CA5

INTRODUCTION

On January 9, 2013, appellant, Cirenio Ambriz Valdez, was charged in an amended information with two felony counts of driving under the influence of alcohol with two prior felony convictions for driving under the influence (Veh. Code, §§ 23152, subd. (a) & 23550.5, count 1) and driving with a blood alcohol of .08 percent or higher with two prior felony convictions for driving under the influence (Veh. Code, §§ 23152, subd. (b) & 23550.5, count 2). The amended information further alleged a misdemeanor violation of driving a vehicle with a suspended license (Veh. Code, § 14601.2, subd. (a), count 3), two prior prison term enhancements (Pen. Code, § 667.5, subd. (b)), and five prior convictions for driving while under the influence of drugs or alcohol.1 Prior to the commencement of a jury trial, the court granted appellant’s motion for a bifurcated trial on the issue of the truth of the prior prison term enhancements, and on the truth of his prior driving under the influence convictions. Appellant was found guilty of all three counts.2 Appellant waived a jury trial on the truth of his prior convictions. Appellant admitted the truth of one of the prior prison term…