Martinez-Escobar

INTRODUCTION

Petitioner and appellant Edgardo F. Martinez-Escobar was convicted in Hawaii in

2004 for operating a vehicle under the influence of an intoxicant. (Haw. Rev. Stat.,

§ 291E-61.)1 Petitioner was convicted in California in 2012 for driving under the

influence of alcohol (DUI). (Veh. Code, §§ 23152, 23153.) In December 2012, the

DMV2 suspended petitioner’s California license for three years.3 (Veh. Code, § 13352,

subd. (a)(4).)

Petitioner argues on appeal the Hawaii offense is not substantially similar to the

California offense and the court erred by admitting copies of Hawaii’s public records.

The DMV argues the Hawaii conviction qualifies as a first DUI offense and the appeal is

moot. Petitioner disagrees the appeal is moot because his three-year suspension is

effective until December 2015.

We conclude the appeal is not moot although we still would have the discretion to

consider the issue. (LaChance v. Valverde (2012) 207 Cal.App.4th 779, 783.)

Nevertheless, we hold the Hawaii evidence was admissible to show that the 2004 offense

is substantially similar to the 2012 offense. Although the Hawaii statute also outlaws

1 Haw. Rev. Stat. § 291E-61: “(a) A…