People v. Smith CA3

Filed 12/5/14 P. v. Smith CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C073978

Plaintiff and Respondent, (Super. Ct. No. CM036324)

v.

JAMES STEVEN SMITH,

Defendant and Appellant.

Defendant James Steven Smith pleaded no contest plea to felony driving with a blood alcohol level of 0.08 percent or higher (Veh. Code, § 23152, subd. (b); count 2) and admitted a 2005 prior felony driving under the influence related conviction (Veh. Code, § 23550.5). The court dismissed count 1, driving under the influence (Veh. Code, § 23152, subd. (a)), on the People’s motion. The court sentenced defendant to state prison for the upper term of three years and imposed various fees and fines.

1 Defendant…