Toure

Madou Toure, the defendant, drove his semitruck westbound on State Route 58, traveling for some distance in the eastbound lane of oncoming traffic before colliding head-on with an automobile carrying two occupants. Throughout the investigation of the incident by the California Highway Patrol (CHP), defendant was violent and combative, continuing his resistance even at the CHP station. Defendant refused to consent to blood-alcohol testing after being admonished of the implied consent provisions of the Vehicle Code, so a nonconsensual warrantless blood draw was performed while defendant was restrained. After a jury trial, defendant was convicted of felony driving under the influence of alcohol causing injury (Veh. Code, § 23153, subds. (a), (b)), driving on a suspended license (§ 14601.2, subd. (a)), and resisting an executive officer (Pen. Code, § 69). He was sentenced to four years in state prison and appealed.

On appeal, defendant argues (1) his four-year state prison sentence was unauthorized in the absence of pleading or proof of prior drunk driving convictions; (2) his felony drunk driving convictions must be reversed because the blood-alcohol evidence was obtained…