People v. Nava CA4/3

BACKGROUND

In August 1996, defendant was charged with driving under the influence of alcohol (Veh. Code, § 23152, subd. (a) [count 1]), driving under the influence of alcohol with a blood alcohol level of 0.08 percent or more (Veh. Code, § 23152, subd. (b) [count 2]), and possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a) [count 3]). The felony complaint alleged that defendant had suffered a previous conviction for violation of Vehicle Code section 23152, subdivision (a), within seven years of the current offense. Defendant pled guilty to all three counts. Pursuant to the terms of defendant’s plea agreement, the trial court sentenced him to three years’ formal probation on count 3, with the condition that defendant serve 45 days in county jail. Execution of

2 sentence was stayed on count 2, pursuant to Penal Code section 654. As to count 1, the court imposed a sentence of five years’ informal probation and ordered, as a condition of probation, that defendant complete alcohol and drug programs, after which he would be permitted to withdraw his plea as to count 3, and have that charge dismissed. Defendant violated his probation in 2001. After a hearing,…